CMNT_TITLE

The Committee notes the information contained in the Government’s report. The Committee takes note of the adoption of the Collective Agreement Act, 2006.

1. Article 1 of the Convention. Protection against acts of anti-union discrimination. In its last comments, the Committee had noted the provisions of the Employment Relations Act which entered into force on 1 January 2003 and had requested information about the extent of the legislative protection against acts of anti-union discrimination as well as the procedures of redress and remedies applicable and sanctions. The Committee notes the provisions communicated by the Government prohibiting any act of anti-union discrimination (sections 6(1), 89 and 113), providing for reinstatement (section 118), and establishing severe fines (section. 229).

2. Article 2. Protection against acts of interference. The Committee notes the Government’s indications concerning provisions providing protection against acts of interference in the national legislation. Article 76 of the Constitution stipulates that establishment and functioning of trade unions, as well as membership in them, is free, and article 42 provides for the right to associate. article 6 of the Representativeness of Workers’ Unions Act further stipulates the precise conditions for acquiring the characteristics needed for a trade union to be representative, which includes independence from employers. Though the Committee observes that a certain protection against acts of interference exists, particularly to some extent concerning trade union representatives, the Committee considers that the protection afforded is not sufficiently adequate. The Committee request the Government to take measures to ensure that its legislation contains specific provisions ensuring adequate protection of workers’ organizations against acts of interference by employers or employers’ organizations in the establishment, functioning or administration of trade unions, coupled with effective and sufficiently dissuasive sanctions. The Committee requests the Government to keep it informed of the measures taken.

Article 4. Measures to promote collective bargaining. In its report, the Government indicates that the Collective Agreement Act has been adopted in 2006 after having reached a high level of harmonization between the social partners. The Committee takes note of the general comments of the Government concerning this Act, and will examine whether the Act raises any particular issue under the Convention once it has at its disposal the translation.