CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Eritrea (RATIFICATION: 2000)

Other comments on C087

Observation

Direct Request

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The Committee notes that section 362 of the Civil Code adopted in 2015 defines trade unions as groupings formed with a view to defending the financial interests of their members or to representing a particular calling and provides that they shall be subject to the special laws concerning trade unions. Paragraph 2 of this provision provides that in the absence of special laws trade unions shall be subject to the provisions of chapter 2 of title 3 of the Civil Code governing civil law associations. The Committee requests the Government to clarify how trade unions defined in article 362 of the Civil Code relate to associations of employees and employers defined in section 3(19) of the Labour Proclamation and regulated under its title VIII. Furthermore, the Committee requests the Government to provide information with regard to any developments concerning the drafting or adoption of special laws concerning trade unions.

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee notes the Government’s indication that even though the amendment of section 116(3) is under consideration, no change is envisaged with regard to the requirement of a simple majority of employees to take strike action, as expressed through secret ballot. In this regard, the Committee considers that the requirement of the agreement of an absolute majority of workers for calling a strike can excessively hinder the exercise of the right to strike, especially in large enterprises. Further, if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see the 2012 General Survey on the fundamental Conventions, paragraph 147). Therefore, the Committee reiterates its request and firmly expects that the Government will amend section 116(3) of the Labour Proclamation in the very near future, so as to ensure that if a strike vote is required, only the votes cast are counted. It requests the Government to report on the progress made in this respect.