CMNT_TITLE

Repetition

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee had noted that section 51 of Act No. 86/2013 of 19 September 2013 issuing the General Statute of the Public Service recognizes the right of public servants to join the union of their own choosing, with the exception of “political office holders” and “officers of the security services” and had requested the Government to provide information on this exclusion. The Committee notes the Government’s indication that under section 51, political leaders and public servants of security-related services are excluded but that other public servants may join any trade union of their own choosing. The Committee once again recalls that the Convention sets out the right of workers, without distinction whatsoever, including political leaders to establish and join organizations of their own choosing, and only authorizes exemptions in relation to the police and the armed forces. These exceptions must however be construed in a restrictive manner so as not to include public servants of security-related services. The Committee once again requests the Government to provide a list of categories of public servants which fall within the exclusion established in section 51 of the Act.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous direct request, the Committee had noted that Act No. 86/2013 issuing the General Statute of the Public Service does not include provisions recognizing the right to strike and in this respect noted the Government’s indication that the Committee’s comments would be taken into account in the context of the reform of the Act. In the absence of any new information regarding reform previously announced by the Government, the Committee expects that the Government will take the necessary measures for the recognition of the right to strike of public servants, with the possible exclusion of those exercising authority in the name of the State, and will provide information on any developments in this regard.

With regard to Ministerial Order No. 4 of 13 July 2010 determining “indispensable services” and the conditions for the exercise of the right to strike in such services, the Committee had previously requested the Government to amend section 11(2), according to which “in the public interest and in the interests of the health of the population, the authorities may prevent workers and employers from having recourse to strikes or lock-outs”. The Committee had recalled in this regard that the right to strike may only be restricted or prohibited in essential services in the strict sense of the term (namely, in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), in the public service only for public servants exercising authority in the name of the State, or in situations of acute national or local crisis. The Committee notes from the Government’s report that Ministerial Order No. 4 will be considered during the revision of the labour legislation. The Committee expects that the necessary measures to amend section 11(2) of the Ministerial Order will be taken without delay. It requests the Government to provide information on any legislative developments in this regard.