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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Congo (RATIFICATION: 1960)

Other comments on C087

Observation

Direct Request

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The Committee notes the Government’s information that it received the technical assistance of the Office in 2023, involving two parts: (i) a technical assistance mission in the field with a view to helping the Government to meet its constitutional obligations under article 22 of the ILO Constitution; and (ii) a memorandum of technical comments from the Office on the 2023 version of the draft Bill on the revision of the Labour Code. The Committee notes the Government’s indication that it has welcomed the comments contained in the memorandum and that they will be fully taken into account as part of the finalization of the legislative revision process.

Article 3. Right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. In its previous comments, the Committee welcomed the amendment of the provisions of section 248-15 of the current Labour Code, in that section 536 of the draft Bill (section 539 of the 2023 version of the draft Bill) specifies that the minimum service to be maintained in the public service in the case of a strike is henceforth limited to “operations strictly necessary for safeguarding public interest and fulfilling the community’s essential needs.” However, the Committee noted that the minimum service was still organized by the employer after “consultation” with the trade union delegates, whereas pursuant to Article 3 there must be “negotiation” of a minimum service. Noting that the Government does not refer to this issue in its report, the Committee trusts that section 539 of the draft Bill will be amended as indicated.

The Committee also highlighted the need to amend sections 532 and 533 of the draft Bill (sections 535 and 536 of the 2023 version), so that: (i) the occupation of premises, in the event of a strike, should only be deemed as constituting serious misconduct in cases where the action loses its peaceful nature, or in the event of failure to respect the freedom to work of non-strikers, or the right of the enterprise management to enter the premises; and (ii) such penalties may only be considered if, at the time of the strike, violence against people or property or other serious offences under criminal law are committed, pursuant to the legislative provisions that punish such actions, particularly the Penal Code. Noting the Government’s indication that it will duly take into account these recommendations, the Committee trusts that the above-mentioned provisions will shortly be amended as indicated.

The Committee trusts that the revised version of the Labour Code will be adopted in the near future and that the provisions therein will be in full conformity with the provisions of the Convention. The Committee requests the Government to provide a copy of the Labour Code as soon as it is adopted.