I have come across your article (NdlR : editorial of Raj Meetarbhan published on Tuesday 18th December) entitled ‘Crise Suicidaire des Syndicats’. Your writings on the issue of the amendments to the labour laws have given your readers wrong information. I am not here referring to legal interpretation of what is in the bill which admittedly can be subjective. I here refer to your factual misreading and misunderstanding of what is clearly written in the Employment Rights (Amendment) Bill and the Employment Relations (Amendment) Bill.

1. The right to strike is a fundamental right of a worker. I have done nothing and will do nothing to undermine that right in any way whatsoever. You write that trade unions will have to ask the Employment Relations Tribunal for permission to organize a strike. That is factually incorrect. Nowhere is this provided for in the bills. What is provided for is that instead of the Commission for Conciliation and Mediation supervising balloting for strike action it will be the ERT. That was proposed in the bill at the request of the CCM itself.

2. Secondly, you write that employers will be able to go behind the backs of Trade Unions and negotiate agreements with groups of workers of their choice. That is also factually incorrect. The amendments stipulate that it is when and only when there is no trade union representation that a group of workers elected by the workers will be empowered to negotiate collective agreements and they can choose to be represented by a negotiator such as a trade unionist in such negotiations. The proposal I have made is in line with Convention 154 and recommendation on collective bargaining of the International Labour Organization.

3. Third. You also write that the amendments I propose will nullify the agreement between the JNP and the MSPA. That is also factually as well as legally incorrect. All that has been obtained in collective agreements will in no way be removed. I have only made provision for that fact that one cannot renegotiate an issue which has already been negotiated during the validity of a collective agreement (Unless there are special circumstances and/or breach by any parties of any clause of the agreement).

I admit that reading and understanding a bill of this nature is not as simple as one would believe. Some legal and technical knowledge is necessary. I believe that your article was written in good faith.

My aim is to strive for the welfare of all workers and for the good of our country. I am always ready and willing to listen to people with constructive ideas.

I wish you and your readers a Merry Christmas and Happy New Year.

Shakeel Mohamed