National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
With regard to the application of Article 2 of the Convention, the Committee had noted with interest that section 27(7) of the Trade Union Organization Act No. 52 of 1987 provides for the trade union executive committee members to have time off in order that they may devote themselves to trade union activities and that section 138(1) of the Labour Code stipulates that workers’ representatives be fully released from work to carry out their functions in labour inspection committees. The Committee again requests the Government to provide copies of the agreements concluded by trade unions and employers to which the Government had referred in its previous report and which would afford facilities to workers’ representatives.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee takes note of the Government's report.
With regard to the application of Article 2 of the Convention, the Committee notes with interest that section 27(7) of the Trade Union Organization Act No. 52 of 1987 provides for the trade union executive committee members to have time off in order that they may devote themselves to trade union activities and that section 138(1) of the Labour Code stipulates that workers' representatives be fully released from work to carry out their functions in labour inspection committees.
The Committee again requests the Government to provide copies of the agreements concluded by trade unions and employers to which the Government had referred in its previous report and which would afford facilities to workers' representatives.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes with regret that the Government's report still does not reply to the previous direct requests for more detailed information on the application of Article 2 of the Convention, and in particular that it does not contain copies of any agreements concluded between the workers' and the employers' organizations to which the Government had referred in its previous report and which would provide members of trade union committees with the facilities necessary for carrying out trade union functions. In these circumstances, the Committee is bound once again to draw the Government's attention to the terms of Article 2, under which facilities must be afforded in the enterprise to workers' representatives (such as the necessary time off to attend meetings, training courses and trade union seminars, conferences and congresses; access to workplaces when necessary; space to post trade union notices, etc., as indicated in Chapter IV of the Workers' Representatives Recommendation, 1971 (No. 143)). The Committee is bound to request the Government once again to provide with its next report the texts of any agreements concluded between trade unions and employers which afford the above facilities to workers' representatives in enterprises, as well as any other relevant information on the practical application of Article 2.
The Committee notes with regret that the Government's report still does not reply to the previous direct requests for more detailed information on the application of Article 2 of the Convention, and in particular that it does not contain copies of any agreements concluded between the workers' and the employers' organizations to which the Government had referred in its previous report and which would provide members of trade union committees with the facilities necessary for carrying out trade union functions.
In these circumstances, the Committee is bound once again to draw the Government's attention to the terms of Article 2, under which facilities must be afforded in the enterprise to workers' representatives (such as the necessary time off to attend meetings, training courses and trade union seminars, conferences and congresses; access to workplaces when necessary; space to post trade union notices, etc., as indicated in Chapter IV of the Workers' Representatives Recommendation, 1971 (No. 143)).
The Committee is bound to request the Government once again to provide with its next report the texts of any agreements concluded between trade unions and employers which afford the above facilities to workers' representatives in enterprises, as well as any other relevant information on the practical application of Article 2.
The Committee notes with regret that the Government's report still does not reply to the previous direct requests for more detailed information on the application of Article 2 of the Convention, and in particular that it does not contain any agreements concluded between the workers' and the employers' organizations to which the Government had referred in its previous report and which would provide members of trade union committees with the facilities necessary for carrying out trade union functions.
Noting that under the Trade Union Act (No. 52) of 1987 which establishes the trade union monopoly, the General Confederation of Trade Unions, the central organization designated by law, pays the wages of full-time trade union officials (sections 41 and 27(7)) and not the employer, the Committee draws the Government's attention to the fact that facilities must be afforded in enterprises to workers' representatives to enable them to carry out their functions promptly and efficiently, and in full independence, so that they may defend the economic, social and occupational interests of the workers.
The Committee is bound to request the Government once again to provide with its next report the texts of any agreements concluded between trade unions and employers which afford workers' representatives in enterprises the above facilities, as well as any other relevant information on the practical application of Article 2.
The Committee notes with regret that the Government's report contains no new answers to its previous direct requests for more detailed information on the application of Article 2 of the Convention. It notes in particular that no copies were provided of agreements concluded between trade union organizations and employers, which the Government referred to in its previous report and which, according to the Government, afford facilities to members of trade union committees to carry out all activities necessary to the performance of their trade union duties.
In these circumstances, the Committee is bound once again to draw the Government's attention to the terms of Article 2 under which facilities must be afforded in the enterprise to workers' representatives (such as the necessary time off to attend meetings, training courses and trade union seminars, conferences and congresses; access to working places when necessary; space to post trade union notices, etc., as indicated in Chapter IV of Recommendation No. 143).
Noting that under the Trade Union Act (No. 52) of 1987 which establishes trade union monopoly, the General Confederation of Trade Unions, the central organization designated in the law, pays the wages of full-time trade union officials (sections 41 and 27(7)) and not the employer, the Committee draws the Government's attention to the fact that facilities must be afforded in enterprises to workers' representatives to enable them to carry out their functions promptly and efficiently, and in full independence so that they may defend the economic, social and occupational interests of the workers.
The Committee is bound to ask the Government once again to provide with its next report the texts of any agreements concluded between trade unions and employers which afford workers' representatives in enterprises the above-mentioned facilities, as well as any other relevant information on the practical effect given to Article 2.
It none the less asks the Government to provide copies of the agreements concluded by trade unions and employers, referred to in the report, which afford facilities to members of trade union committees in respect of all activities necessary to the performance of their trade union functions.
The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will supply full particulars on the points raised in its previous direct request, which read as follows:
The Committee requests the Government once again to indicate facilities that are afforded to workers' representatives in the light of the examples set out in Chapter IV of Recommendation No. 143 (such as: time off for attending trade union meetings, training courses, seminars, congresses and conferences; appropriate access to workplaces; notice boards, etc.) and asks it whether these are provided in the undertaking. The Committee also requests clarification of the role of the executive committee of the General Confederation of Trade Unions in obtaining time off for certain high-level union officers so that they may devote themselves to trade union activities (section 27(7) of the Trade Unions Act of 1987).
[The Government is asked to report in detail for the period ending 30 June 1992.]
The Committee takes note of the information supplied by the Government in reply to its previous direct request asking for more detailed information on the application of Article 2 of the Convention.
While the information provided by the Government is useful, it does not answer the previous request for more detailed information on the practical implementation of this Article. To make it possible to assess more precisely the extent to which Article 2 is applied, the Committee accordingly would refer the Government to the types of facilities to be afforded to workers' representatives set out in Chapter IV of Recommendation No. 143 (such as: time off for attending trade union meetings, training courses, seminars, congresses and conferences; appropriate access to workplaces; notice boards, etc.) and asks it whether these are provided in the undertaking. The Committee also requests clarification of the role of the executive committee of the General Confederation of Trade Unions in obtaining time off for certain high-level union officers so that they may devote themselves to trade union activities (section 27(7) of the Trade Unions Act of 1987).