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The Committee notes the comments made by the National Association of Telephone, Communication and Allied Technicians (ATELCA) and the Government’s reply. The Committee is examining these comments in the context of its examination of the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

In its previous comments, the Committee requested the Government to provide its observations concerning the comments made by the Union of Public Officials of the University Hospital of Valle (SINSPUBLIC), of 3 April 2006, and the Single Confederation of Workers (CUT), of 4 April 2006, according to which Act No. 909 of 2004 and its implementing regulations, enacted without prior consultation with trade union organizations, compel workers in the public sector to undergo once again merit competitions in order to be confirmed in their posts, in violation of the collective agreement concluded between SINSPUBLIC and the hospital administration. The Committee reiterates its request.

Article 4 of the Convention. The Committee welcomes the adoption of Act No. 1309 of 2009 (respecting conduct that may be punished which is prejudicial to the legally protected property of the members of a legally recognized trade union organization) which provides that any person who prevents or disturbs a lawful meeting or the exercise of the rights afforded by labour laws or engages in reprisals by reason of a lawful strike, meeting or association, shall be liable to a fine of from 100 to 300 minimum monthly wages as set out in the law or to imprisonment.

Article 7. The Committee is examining Decree No. 535, of 24 February 2009, on collective bargaining in the public sector, in the context of its examination of the application of Convention No. 98.

Furthermore, the Committee requests the Government to provide information on the application of the Convention in practice and to provide information on the following matters:

–      the facilities to be afforded to representatives of recognized public employees’ organizations in order to enable them to carry out their functions promptly and efficiently, both during and outside their hours of work. The Committee requests the Government to indicate the facilities applicable under the legislation and whether facilities have been established through collective agreements, and to provide examples (Article 6 of the Convention).

–      the independent and impartial machinery established for the settlement of disputes arising in connection with the determination of terms and conditions of employment in the context of the process of collective bargaining (Article 8 of the Convention).

Finally, the Committee notes the Government’s indication concerning the adoption of Decree No. 3399, of 8 September 2009, modifying the composition of the Inter-sectoral Commission to Promote the Formalization of Decent Work in the Public Sector, which will include the Minister of Social Protection, the Minister of Finance and Public Credit, the Director of the National Planning Department, the Director of the Administrative Department of the Public Service (and in which the Superintendent of the Solidarity Economy and a delegate of each of the public sector federations, designated by workers’ confederations, will have the status of permanent invited participants).