Sierra Leone
The ITUC affiliate in Sierra Leone is the Sierra Leone Labour Congress (SLLC).
Sierra Leone ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1961 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1961.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law does not specifically protect workers from anti-union discrimination.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- Every trade union must apply for registration within 2 months of its formation. If registration is refused, the trade union shall be dissolved within 3 months of the decision to refuse its registration (section 9, Trade Unions Act).
- Power to refuse official registration on arbitrary, unjustified or ambiguous grounds
- Sections 9, 11, 12 and 13, Trade Unions Act
- Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- 6 months must expire, from the date on which notice of an application for registration is published in the Gazette, before the Registrar of Trade Unions may consider objections received and take further steps to register a trade union (section 11(3), Trade Unions Act).
- Absence of recourse to an independent body in the event of administrative refusal to register a trade union
- The Trade Union Act provides that appeal against refusal of the Registrar to register a trade union may be made to the 'Governor', and that any orders made by the Governor shall be final and conclusive (section 14). The position of Governor no longer exists. The Industrial Court does not have jurisdiction over such matters (Part III, Regulation of Wages and Industrial Relations Act, 1971).
- Sanctions imposed for organising or joining an organisation not officially recognised
- The Trade Unions Act establishes a system of compulsory registration of trade unions, and provides that any trade union that has not applied for registration within 2 months of its formation, or has had its application for registration refused, shall be dissolved (section 9, Trade Unions Act). It is an offence for a trade union or any member thereof to "perform any act in furtherance of the purposes for which it has been formed unless a trade union has first been registered" (section 10, Trade Unions Act).
Restrictions on trade unions’ right to organise their administration
- Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- As a consequence of the scope (section 1) and definition of “worker” (section 2) of the Regulations of Wages and Industrial Relations Act, public officers cannot join or form trade unions.
- Managerial and supervisory staff
- As a consequence of the scope (section 1) and definition of “worker” (section 2) of the Regulations of Wages and Industrial Relations Act, persons above the level of supervisor or manager cannot join or form trade unions.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law but strictly regulated.
Barriers to the recognition of collective bargaining agents
- Previous authorisation or approval by authorities required to bargain collectively
- Only Trade Group Councils have the power to bargain collectively, and only trade union(s) named in a collective bargaining certificate are entitiled to participate in the Trade Group Council (sections 8 and 16, Regulation of Wages and Industrial Relations Act).
- Absence of criteria or discretionary, unclear or unreasonable criteria for determining representative organisations
- No criteria are prescribed for the inclusion or exclusion of a trade union in or from a collective bargaining certificate (section 8, Regulation of Wages and Industrial Relations Act).
Restrictions on the principle of free and voluntary bargaining
- Prohibition or limitation of collective bargaining at a certain level (local, regional, territorial, national; enterprise, industry, sector or general)
- Collective bargaining may only take place at an industry (or 'Trade Group') level, and only within the Trade Groups specified in section 7(1), or in Ministerial notice under section 7(2), of the Regulation of Wages and Industrial Relations Act.
- Imposition of fixed and unreasonable procedural requirements (e.g. short time-limits for reaching an agreement)
- Trade Group agreements must be "negotiated, as soon as possible, in accordance with a schedule as agreed between the Congress and Federation" (section 14(2), Regulation of Wages and Industrial Relations Act).
- Authorities’ power to intervene in the preparation of collective agreements
- Where a Trade Group Council fails to reach agreement on any matter, it is required to refer the dispute to the Minister for settlement (section 17(1), Regulation of Wages and Industrial Relations Act).
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- Endorsed collective agreements not regarded as legally binding or enforceable
- A new Trade Group Agreement shall only take effect upon "becoming statutory" (section 14, Regulation of Wages and Industrial Relations Act). The process by which a Trade Group Agreement 'becomes statutory' is not set out in law.
- Restrictions on the duration, scope of application or coverage of collective agreements
- Trade Group Agreements will only be binding on the employers identified in the collective bargaining certificate and shall only cover categories of worker below supervisor level (section 8, Regulation of Wages and Industrial Relations Act).
- Authorities’ approval of freely concluded collective agreements
- A new Trade Group Agreement shall only take effect upon "becoming statutory" (section 14, Regulation of Wages and Industrial Relations Act). The process by which a Trade Group Agreement 'becomes statutory' is not set out in law.
Undermining of the recourse to collective bargaining and his effectiveness
- Absence of appropriate mechanisms to encourage and promote machinery for collective bargaining
- Collective bargaining is restricted to the Trade Group Councils established under the Regulation of Wages and Industrial Relations Act. No mechanisms exist to encourage and promote collectie bargaining oustide the specified Trade Groups.
Limitations or ban on collective bargaining in certain sectors
- Other civil servants and public employees
- While Government employees in specified Trade Groups may benefit from collective bargaining, public officers are expressly excluded from its coverage by virtue of the definition of 'worker' in section 2 of the Regulation of Wages and Industrial Relations Act.
- Other categories
- All employees who do not fall within the following Trade Groups are excluded from the right to collective bargaining under the Regulation of Wages and Industrial Relations Act: mining; building and construction; commercial, insurance and accounting; shipping and forwarding; industrial; oil (marketing and refining); public utilities; banking; hotels, catering and entertainment; printing; transport (road, rail and inland waterways); municipal and local government; agriculture; and air transport.
Other limitations
- Other limitations
- Supervisors are excluded from collective bargaining (section 2, Regulation of Wages and Industrial Relations Act).
Right to strike
Right to strike
The right to strike is not specifically protected in law, but neither is it explicitly prohibited except for workers in essential services.
Barriers to lawful strike actions
- Excessively long prior notice / cooling-off period
- 21 days' notice must be given (section 17(2), Regulation of Wages and Industrial Relations Act).
Ban or limitations on certain types of strike actions
- Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- The term 'strike' is defined by section 2 of the Regulation of Wages and Industrial Relations Act as action "done as a means of compelling their employer or any person or body of persons employed to accept or not to accept terms or conditions of or affecting employment". Notably, the term 'strike' is not used in any substantive provisions of that Act. It is understood from a report prepared in 1993 on behalf of the ILO, however, that strike action for political, sympathy and solidarity reasons is prohibited by the Trade Disputes (Declaration of Law) Act.
Undermining of the recourse to strike actions or their effectiveness
- Absence of specific protection for workers involved in lawful strike actions (e.g. against dismissal)
- There are no protections against discrimination or dismissal (on any grounds, including involvement in lawful strike action) in the current labour laws of Sierra Leone. This is to be addressed in the anticipated labour law reforms.
Limitations or ban on strikes in certain sectors
- Discretionary determination or excessively long list of “essential services” in which the right to strike is prohibited or severely restricted
- The Sierra Leone Ports Authorities and Posts and Telecommunications are considered to be essential service Trade Groups (s 17(3), Regulation of Wages and Industrial Relations Act). The others are: Guma Valley Water Company, Sierra Leone Electricity Company and Health Services.
- Absence of compensatory guarantees for categories of workers deprived of the right to strike
- Disputes that arise in the essential services are not guaranteed adequate, impartial and speedy conciliation and arbitration services. As with disputes in other Trade Groups, a dispute is to be referred to the Minister for conciliation. If the Minister has not effected conciliation within 21 days, the dispute shall is required by law to be referred by the Minister to the Industrial Court (section 17(2), Regulation of Wages and Industrial Relations Act). As with all disputes, the Industrial Court is obliged to commence proceedings relating to essential services "as soon as conveniently may be" (section 34, Regulation of Wages and Industrial Relations Act).
In practice
On 17th May 2017 workers of the Sierra Leone Postal Services (Salpost) staged a peaceful demonstration and work strike organised by the staff trade union outside Salpost’s main building in Freetown. Workers protested against the refusal of the management to address long-standing grievances over non-payment of salaries and benefits and harsh working conditions, including lack of basic sanitation facilities for both the staff and clients. The staff was joined by the Salpost retirees not able to access their pensions. Although the dispute dates back to 2014, little was done to address the demands. The management has not reacted to the demonstration.
The Sierra Leone Seamen’s Union (SLSU) reports intensive threats against trade unionists by the management of the company “ShipManagement.” Workers were told they would be dismissed and blacklisted if they continued to demand the negotiation of a collective agreement.
African Minerals Limited refuses to deduct union dues from workers’ salaries in violation of national labour laws. The Ministry of Employment, Labour and Social Security has not reacted to this violation.
In January 2013, police opened fire on workers protesting against the non-payment of bonuses, for an end to racism, and improved conditions at Sierra Leone’s largest diamond mine in Koidu. Two workers were killed.
In May 2013, the company retaliated against workers who had participating in the strike action by dismissing 300 workers.
In April 2012, workers protested over pay, conditions, and right to organise in Bumbuna. It was reported that police fired bullets and teargas canisters indiscriminately at the protesters leaving one woman dead and at least six injured. In June 2012 Sierra Leone’s Human Rights Commission announced an inquiry and recommendations for prosecution.
Public authorities refuse to grant workers of African Minerals Limited the right to belong to the union of their choice. All workers are assigned to one union. The Ministry of Employment, Labour and Social Security cancelled the registration certificate of the Mining and Allied Services Employees Union for no tangible reason and by extension the bargaining certificate, thereby making it redundant.