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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The Committee notes the Government’s comments on previous observations of the International Trade Union Confederation (ITUC).

Articles 2 and 3 of the Convention. Protection against acts of interference. In the context of giving effect to the provisions of the then new Labour Code, which set out protections against acts of interference, the Committee had requested the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti-union interference. The Committee notes that the Government indicates that so far no allegations of acts of anti-union interference have been lodged, so no penalties or fines have been imposed. The Committee requests the Government to continue informing on the application of the Labour Code provisions protecting against interference, providing details on the penalties applied and the amount of the fines imposed in the case of acts of anti-union interference.

Article 4. Collective bargaining. The Committee had requested the Government to provide information on the functioning of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage. The Committee notes that the Government indicates that the national machinery for collective bargaining involves mediation and conciliation and that, if no solution is reached through mediation or conciliation, the process will proceed to arbitration and, if no solution is arrived at through arbitration, a final decision will be taken by the courts. The Committee further notes the statistical data provided by the Government concerning 2018, during which 297 disputes were reported, leading to the conclusion of 114 collective bargaining agreements, with 6 arbitrated procedures. Recalling that compulsory arbitration is only acceptable 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 requests the Government to provide detailed information as to under what circumstances and legal provisions collective bargaining may be referred to arbitration or to court adjudication; and to take any measures that may be necessary to ensure that arbitration or court adjudication is not imposed outside of the aforementioned situations. The Committee further requests the Government to continue providing information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

Articles 4 and 6. Public servants and domestic workers. Having observed that section 2 of the Labour Code (Labour Law No. 4/2012) provides that the Code does not apply to civil servants, and that domestic worker were to be regulated by special legislation, the Committee had requested the Government to indicate the legislative provisions ensuring that domestic workers and civil servants other than those engaged in the administration of the State enjoyed the guarantees enshrined in the Convention,. The Committee notes the Government’s indication that the right to organize of public servants is recognized in section 115.1 of the Statute of the Civil Service (Law No. 8/2004), which sets out that civil servants have the right to be members of a union or another organization that represents their interests. The Committee observes that section 115.2 of the Statute of the Civil Service further provides that the establishment and functioning of trade unions shall be regulated by a Government decree-law. The Committee requests the Government to provide a copy of the decree-law or other normative text regulating how civil servants - other than those engaged in the administration of the state – enjoy the guarantees provided in the Convention, including as to collective bargaining.

As to domestic workers, the Committee notes the Government’s indication that, a draft domestic workers law has been prepared and is awaiting to be submitted to the Council of Ministers for approval. The Committee requests the Government to provide a copy of this legislation on domestic workers once adopted.