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The Committee notes the Government’s reply to the comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) of August 2006 with regard to acts of anti-union discrimination, including cases of unjustified dismissal of trade union leaders. In its reply, the Government indicates that under the terms of section 158 of the Labour Code, trade union delegates benefit from the same protection as staff delegates, particularly in respect of dismissal. It also describes the inquiries conducted into the cases of dismissal referred to by the ICFTU and the action taken. The Committee notes the indication that, in view of the delay in the labour administration being informed of the cases and intervening to enforce the law, the Government wishes to take measures, through workers’ education activities, to raise the awareness of workers and trade unionists concerning the protection afforded by the law and that employers will be called upon to comply strictly with the protection of trade union delegates. The Committee notes this information and hopes that the planned activities will contribute to improving the application of the Convention.

The Committee notes the draft new Labour Code, dated September 2006, forwarded by the Government. The Committee regrets to note that, even though it is indicated in the preamble that the amendments are made to give effect to the recommendations made to the Government by the International Labour Office, the draft Labour Code does not take into account certain of the comments that it has been making for many years on the provisions applying the Convention.

Articles 1, 2 and 3 of the Convention. In its previous comments, the Committee recalled that the legislation should make express provision for rapid appeal procedures, coupled with effective and sufficiently dissuasive sanctions against acts of interference and anti-union discrimination. The Committee requests the Government to take the necessary measures to prohibit, in the draft text of the new Labour Code or in any other legislative text, any acts of interference by employers’ and workers’ organizations in each other’s affairs or of anti-union discrimination, and to adopt dissuasive sanctions for this purpose, not only in the case of staff delegates.

Article 4. The Committee previously requested clarifications concerning collective disputes and, more specifically, section 183 of the Labour Code, and it noted the Government’s indication that a collective labour dispute in the context of collective bargaining may be submitted by both parties or by either of them individually to the competent legal authority the decisions of which are binding. The Committee also notes the draft ministerial order on the establishment and functioning of the conciliation board, issued under section 183 of the Labour Code. It requests the Government to keep it informed of the adoption of this ministerial order. The Committee recalls that, with the exception of public servants engaged in the administration of the State and essential services in the strict sense of the term, arbitration imposed by the authorities at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention, and therefore the autonomy of the bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee therefore requests the Government to amend section 183 of the Labour Code (section 222 of the new draft Labour Code) so that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of both parties.

The Committee also notes that, under the terms of section 136 of the new draft Labour Code, at the request of one of the representative organizations of workers or of employers, the collective agreement shall be negotiated in a joint commission convened by the Minister of Labour. In this respect, the Committee recalls that this provision is liable to restrict the principle of free and voluntary bargaining by the parties and it requests the Government to amend section 136 of the new draft Labour Code by establishing that recourse to a joint commission can only generally be had with the agreement of both parties.

The Committee urges the Government to take the necessary measures to amend the draft new Labour Code taking into account the principles described above and it trusts that in its next report the Government will indicate real progress in bringing the legislation into conformity with the Convention. In this regard, the Committee recalls that the Government may call upon the technical assistance of the Office.

Article 4. In its previous comments, the Committee requested the Government to adopt measures to encourage and promote the widest possible use of voluntary negotiation procedures and of collective agreements in the country. Noting the information supplied by the Government relating to the adoption of Ministerial Order No. 62/03 of 2 November 2005 on the establishment and operation of the National Labour Council and the list of its members, the Committee requests the Government to continue providing information on the activities of the National Labour Council in relation to collective bargaining, as well as the number of collective agreements concluded, and the sectors and number of workers covered.