Freedom to Join and Form a Union
What is the relevant legislation on the freedom to join and form unions?
The relevant legislation includes; the Constitution of Liberia and the Decent Work Act 2015. A trade union is an association of workers that promotes and protects their economic and social interests, including regulating relations with employers.
Does the Constitution provide for the right to form and join unions?
According to the Liberian Constitution, all individuals have the right to assemble, associate, and join or refuse membership in trade unions and other organizations.
Does the law (Labour Code, special law, Constitution) allow workers to form unions/associations?
The Decent Work Act guarantees workers the right to form, join, and participate in trade unions without interference or discrimination.
No one can force a worker to avoid or forgo union membership or prevent them from exercising their rights.
It is unlawful to threaten, penalize, or discriminate against a worker for union activities, lawful participation, or refusing unlawful tasks. These provisions safeguard workers' freedom of association and protect them from retaliation.
Is the right to join and form a union provided for the private sector?
No legal restrictions could be located regarding the right to form union and forming a union in the private sector.
Sources: §17 of the Constitution of the Republic of Liberia 1986; §1.4, 2.6, 2.11, 2.12 of the Decent Work Act, 2015
Freedom of Collective Bargaining
What is the relevant legislation on the right to bargain collectively?
The Decent Work Act 2015 provides for the right of collective bargaining for workers.
Does the Constitution and/or Labour Code provide for the right to bargain collectively?
The Decent Work Act provides the right to bargain collectively.
Is the right to collective bargaining provided for the private sector?
The registered trade unions which represent the majority of employees in bargaining units act as exclusive bargaining agents to negotiate a collective agreement on mutual interests.
What issues are discussed under collective bargaining? What are the contents of collective bargaining?
A collective agreement is a written agreement concerning the terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand, and one or more employers, one or more registered employers’ organizations, or one or more employers and one or more registered employers’ organizations.
As per the Decent Work Act, a collective agreement must:
- not conflict with the Act or the Constitution
- include an arbitration procedure for disputes about its interpretation, application, and enforcement
- indicate its minimum duration, which should range between 12 and 36 months
The typical issues covered under collective bargaining are wages and remuneration, working hours and overtime, leave entitlements, employment security and termination, health and safety, disciplinary procedures and grievance handling, and trade union rights and facilities.
Who can represent workers in collective Bargaining?
A registered trade union in Liberia can seek exclusive bargaining agent status by submitting a formal request to the employer or employers' organization. The employer must respond within 30 days; failure to respond allows the union to involve the Ministry.
The Ministry oversees the process, and if necessary, evidence of majority representation is verified. Disputes are resolved through the Ministry procedures. If the union's majority is confirmed, the Ministry declares it the exclusive bargaining agent. If a recognized union loses majority, the employer can withdraw recognition after notifying the union to regain majority in three months. A recognized union must represent all employees within the unit, irrespective of their union membership, as per its duties.
The labour inspectorate is responsible for ensuring the enforcement of collective agreements.
What is the process of collective bargaining?
Parties in a dispute must engage in good faith bargaining to reach a collective agreement, involving face-to-face meetings, honest communication, and dedication of sufficient resources. The Minister, with advice from the National Tripartite Council, may provide practical guidance through a code of good practice. The agreement is then sent to the Ministry, and the Ministry can refuse to register an agreement within 30 days if it violates fundamental rights, lacks an arbitration procedure, or lacks a specified minimum duration (12 to 36 months).
In case of refusal, parties are notified, and revisions are negotiated, constituting a dispute of interest. The Minister can establish a model dispute resolution procedure for collective agreements.
A collective agreement must outline the arbitration process, including specifying arbitrators or selection procedures. If the agreement grants arbitration powers to the Ministry, the agreed-upon procedure applies. If the agreement meets specific criteria, the Minister can extend the collective agreement for a fixed period to the relevant non-parties.
Can any organization, stating they represent workers, enter into collective bargaining?
Only the most representative organization or organizations of workers, as recognized for participation in the National Tripartite Council, can nominate members and engage in collective bargaining. Not any organization claiming to represent workers may enter into collective bargaining.
Does the law provide an institutionalized tripartite council concerning social and economic policy?
A National Tripartite Council is established which consists of three representatives of government, appointed by the Minister, three persons nominated by the most representative organization or organizations of employers and three persons nominated by the most representative organization or organizations of workers.
It is the function of National Tripartite Council to advise the Minister on employment and labour market issues, including: labour laws; international labour standards; collective bargaining; industrial relations; occupational safety and health; collection and compilation of information and statistics relating to the administration of Decent Work Act; policies and guidelines on dispute prevention and resolution; prevention and reduction of unemployment, including the development and implementation of national policy on employment and etc.
The National Tripartite Council has the right to consult with interest groups representing labour market participants or potential participants on matters of economic and social importance.
Sources: §1.4, 2.6, 4.2, 8.2, 37.1, 39 of the Decent Work Act, 2015
Right to Strike
What is the relevant legislation on the right to strike?
The right to strike is regulated by the Decent Work Act.
Does the Constitution and/or Labour Code provide for the right to strike? Does the law (Labour Code, special law, Constitution) provide for the right to strike?
No provision could be located in the Constitution of Liberia regarding strikes. The Decent Work Act permits strikes and lockouts.
Under what conditions can a strike be initiated? What is the level of restrictions placed on the right to strike? Are striking workers replaced?
The Decent Work Act permits strikes and lockouts under orderly conditions, requiring the dispute to be referred to the Ministry for conciliation, attendance at conciliation meetings, a 30-day unresolved period, and a 48-hour notice before action.
A strike is a total or partial stoppage of work by employees to pressure an employer or organization into accepting, modifying, or abandoning a demand in a dispute of interest. Strikes are prohibited if the dispute is subject to arbitration, a court order, or involves essential services.
Employers cannot replace lawful strikers, nor can they force non-striking employees to take over their duties unless necessary for safety. Strikers have the right to resume work within three days. Essential services are designated by the President based on recommendations from the National Tripartite Council, with related disputes handled through legal procedures. Urgent injunctions against strikes require prior notice and a fair hearing.
Is the right to strike provided for the private sector?
No legal restrictions could be located regarding the right to strike in the private sector.
Sources: §1.4, 2.6, 38.1, 41.1-41.6 of the Decent Work Act, 2015
