CMNT_TITLE

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Timor-Leste (RATIFICATION: 2009)

Other comments on C098

Observation

2012

Direct Request

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Previous comment

Articles 1, 2 ,3 ,4 and 6 of the Convention. Personal scope of the Convention. Civil servants not engaged in the administration of the State and domestic workers. In its previous comments the Committee had noted that civil servants and domestic workers are excluded from the scope of the Labour Law and had requested the Government to provide the normative texts that guarantee these two categories of workers the rights enshrined in the Convention. Concerning civil servants, the Committee notes with regret that the Government has not provided the information requested. Concerning domestic workers, the Committee notes that the Government indicates that the law is still on the table of the Council of Ministers and will be sent to the parliament for approval. The Committee requests the Government to indicate whether the decree-law on the establishment and functioning of public servants’ trade unions referred to in section 115.2 of the Statute of Civil Service is effectively adopted. It requests the Government to provide a copy of this text if adopted, or of any other text regulating the right to organize and collective bargaining of civil servants not engaged in the administration of the State. The Committee expects that the law on domestic work will soon be adopted and requests the Government to provide a copy thereof once adopted.

Articles 2 and 3. Adequate protection against anti-union discrimination and acts of interference. In its previous comments the Committee had requested the Government to provide details on the penalties applied against acts of anti-union interference. The Committee notes that the Government once again indicates that no allegations of interference have been received and no penalties imposed. The Committee notes that the Labour Law provides in its section 99(1) that the penalties applicable in case of breach of the provisions of the law will be determined by specific legislation and that this specific legislation would indeed also determine the penalties applicable to acts of anti-union discrimination and interference. The Committee therefore requests the Government to indicate whether the specific legislation on penalties applicable to breaches of labour law was adopted and to provide information on the penalties that would be applicable to acts of anti-union discrimination and interference. The Committee further requests the Government to provide information on any complaint that may have been filed with respect to acts of anti-union discrimination or interference, specifying the bodies that addressed them as well as the decisions taken in their respect.

Article 4. Collective bargaining. Compulsory arbitration. In its previous comment, the Committee had requested the Government to provide information on the legal provisions regulating the referral of collective labour disputes to arbitration or court adjudication. The Committee had also requested the Government to ensure that arbitration or court adjudication is imposed only in relation to public servants engaged in the administration of the State (Article 6 of the Convention), in essential services in the strict sense of the term or in cases of acute national crisis. The Committee notes that the Government limits itself to refer to article 97 of the Labour Law that describes the different avenues for resolving both individual and collective disputes. Noting that article 97.1 of the Labour Law refers to the possible intervention of the tribunals to solve both individual and collective disputes and that article 97.5 states that collective labour disputes are at the request of the parties involved, submitted to arbitration by the Labour Arbitration Council. The Committee requests the Government to ensure that arbitration or court adjudication is not imposed to the parties to collective bargaining beyond the limited situations mentioned above.

Promotion of Collective bargaining in practice. The Committee notes that the Government has not provided information on the collective agreements that may have been concluded in the country nor on measures adopted to promote collective bargaining. The Committee reiterates its request to the Government to provide information on any collective agreement in force in the country and encourages the Government to take measures to actively promote collective bargaining in all sectors of the economy, including in the informal economy. The Committee requests the Government to provide information in this respect.

The Committee recalls that the Government may avail itself of the technical assistance of the Office in order to give full implementation to the Convention.