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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - South Sudan (RATIFICATION: 2012)

Other comments on C098

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Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee noted that; (i) the Labour Act prohibits anti-union discrimination, provides for reinstatement in the event of unfair dismissal; (ii) section 127 of the Labour Act provides for the issuance of regulations establishing penalties that may be imposed by the Labour Court; and (iii) the Labour Act provides for the establishment of a labour inspectorate, labour commissioner, labour advisory council, commission for conciliation, mediation and arbitration and a labour court. The Committee had requested the Government to inform about the development of the referred regulations and about how complaints on anti-union discrimination were being dealt with in practice. The Committee notes the Government’s indication that the regulations provided for in the Workers Trade Unions Act 2013 (WTUA) and the Labour Act are being gradually implemented and that it has no information on cases of anti-union discrimination that may have been brought before the competent authorities. In the light of the foregoing, the Committee requests the Government to: (i) take the necessary measures to adopt the regulations provided for in Article 27 of the Labour Act; (ii) inform about the creation and functioning of the Labour Inspectorate and Labour Court; (iii) carry out programmes to inform workers of their trade union rights; and (iv) provide any available information on anti-union discrimination complaints that may have been lodged and on how they have been dealt with by the competent authorities.

Article 2. Protection against acts interference. In its previous comment, the Committee noted that while section 28(2)(b) of the WTUA restricts employers’ intervention in trade union affairs and the Labour Act provide for the right to establish and join trade unions or employers’ organizations, it does not contain provisions affording adequate protection against acts of interference by workers’ and employers’ organizations against each other or each other’s agents or members in their establishment, functioning or administration. The Committee understands from the Government’s report that no action has been taken to review the legislation in this respect. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits intervention by both workers’ and employers’ organizations against each other and provide for dissuasive sanctions in this respect.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to ensure that (i) the determination of the most representative union for the purpose of collective bargaining is carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties; and (ii) the right to collective bargaining can still be exercised by the existing workers’ organizations in the absence of a majority union. The Committee notes that the Government indicates that tripartite bodies such as the Labour Advisory Council must develop the necessary mechanisms to promote collective bargaining and that technical assistance from the Office is needed in this respect. On the basis of the above, the Committee encourages the Government to enter into dialogue with the social partners to supplement the existing provisions of the Labour Act on collective bargaining and to take, in this respect full account of the two principles mentioned above.

Articles 4 and 6. Collective bargaining for civil servants not engaged in the administration of the State. The Committee had requested the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State. Noting the absence of information in this regard, the Committee is bound to reiterate its request.

Collective bargaining in practice. The Committee notes the Government’s indication that tripartite dialogue is enhancing collective bargaining in the country, and although specific data on sectors and worker coverage is currently unavailable, the Ministry of Labour’s upcoming Labour Market Information System will provide detailed statistics on existing collective agreements. While taking note of this information, the Committee trusts that the Government will provide such information in the near future. In addition, the Committee invites the Government to take measures to promote collective bargaining in the different sectors of the economy, including in the oil sector and the informal economy and to provide information in this respect.

Noting the significant regulatory, institutional and practical measures that need to be taken to give effect to the provisions of the Labour Act related to the Convention, the Committee takes due note of the intention expressed by the Government to avail itself of the technical assistance of the Office. It hopes that the Government will be able to provide soon information on the progress made in the application of the Convention.