CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Djibouti (RATIFICATION: 1978)

Other comments on C087

Observation

Direct Request

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The Committee notes with regret that the Government has not provided a response to its previous comments on certain provisions of the Labour Code. The Committee is bound to reiterate them below.

Article 2 of the Convention. The Committee requests the Government to indicate the means of appeal provided for should the Minister of Labour refuse to issue the receipt of union registration or in the event that the Chief Public Prosecutor calls for the dissolution of a union under the terms of section 215 of the Labour Code.

In addition, recalling that the Convention does not authorize any distinction on grounds of age, the Committee requests the Government to take the necessary measures to amend section 212 of the Labour Code in order to ensure that minors who have reached the legal minimum age for access to employment (16 years, according to section 5 of the Labour Code) can exercise their trade union rights without the need for prior authorization from a parent or guardian.

Article 3. The Committee notes that, under section 184 of the Labour Code, a trade union organization may express its opposition to an arbitration award, thereby depriving it of its binding force. It notes that, under section 190 of the Labour Code, a strike is unlawful, in the event of arbitration, until the arbitration award has acquired binding force. The Committee therefore requests the Government to clarify whether a strike called following opposition to an arbitration award is lawful within the meaning of section 190 of the Labour Code.