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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Central African Republic (RATIFICATION: 1964)

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Previous comment

The Committee takes note of the information provided by the Government concerning (i) the existence of collective agreements in the forestry sector, commerce, transport, the hotel industry, buildings and public works, and (ii) the registration of some twenty collective agreements in private enterprises and public offices over the last ten years (Energie Centrafricaine (ENERCA), Distribution d’Eau en Centrafrique (SODECA), Agence Centrafricaine pour la Formation Professionnelle et l’Emploi (ACFPE), Caisse Nationale de Sécurité Sociale (CNSS), Fonds d’Aménagement et de l’Equipement Urbain (FAEU), Société Centrafricaine de Stockage des Produits Pétroliers (SOCASP), BGFI, ECOBANK, Agence Nationale Aéronautique (ANAC), Agence Centrafricaine de Développement Agricole (ACDA), Office Centrafricain du Coton (ONC), Fonds National de l’Environnement (FNE), and Autorité de Régulation de la Communication Electronique et de Poste (ARCEP)). The Committee requests the Government to provide updated information on the number of conventions and collective agreements concluded in the country, including the sectors concerned and the number of workers covered. The Committee also requests the Government to provide information on the initiatives taken by the Government to promote free and voluntary collective bargaining.

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Previous comment

The Committee notes the draft text of the revised Labour Code provided by the Government and notes that the Government benefited from technical assistance from the Office in this regard.
Article 1 of the Convention. Adequate protection against any acts of anti-union discrimination. The Committee notes the Government’s indication that protection measures for staff representatives, which cover both trade union delegates and elected representatives, are reinforced by sections 99 to 103 of the draft Labour Code. The Committee notes that these sections provide for: (i) the prior authorization of the labour inspector in the event of dismissal; (ii) the invalidity of the dismissal of a staff representative in the absence of authorization from the labour inspector; and (iii) the application of these measures to candidates and alternate candidates to the functions of staff representative, and to former staff representatives. However, the Committee notes that dismissals of workers who are not staff representatives on the grounds of their trade union activities shall be considered unjustified and give rise to the right, in the same way as any other type of unjustified dismissal, to damages and interest, of which the maximum amount, which varies on the basis of the seniority of the worker, is set out in section 182 of the draft Labour Code. While reaffirming that the reinstatement of a worker dismissed by reason of trade union membership or legitimate trade union activities constitutes the most effective remedy for acts of anti-union discrimination, the Committee wishes to recall that when a country opts for a system of compensation and fines, it considers that the compensation envisaged for anti-union dismissal should fulfil certain conditions: (i) be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal; (ii) be adapted in accordance with the size of the enterprise concerned; and (iii) the amount be reviewed periodically (General Survey of 2012 on the fundamental Conventions, paragraphs 182 and 185). The Committee also notes that, with regard to the penalties applicable for acts of anti-union discrimination other than dismissal, section 39 of the draft text only provides for damages and interest in the event of the violation of section 38, which prohibits any form of anti-union discrimination by the employer. Recalling that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (General Survey of 2012 on the fundamental Conventions, paragraphs 190 and 193), the Committee requests the Government to ensure that the revised Labour Code provides for such penalties for acts of anti-union discrimination.
Article 2. Adequate protection against acts of interference. The Committee previously requested the Government to provide detailed information on the progress achieved at the legislative level in expanding protection against acts of interference. Noting that the draft text of the Labour Code does not contain provisions in this regard, the Committee requests the Government to ensure that the Labour Code currently being revised provides that trade unions and employers’ organizations shall enjoy adequate protection against any acts of interference by each other.
Article 4. Promotion of collective bargaining. Section 40 of the Labour Code. The Committee previously requested the Government to specify whether, beyond the function of assisting trade union delegates mentioned by the Government, the new provisions of the draft text of the Labour Code explicitly recognize the right of federations and confederations to conclude collective agreements themselves. The Committee notes the Government’s indication that the draft text of the Labour Code, in Title V, empowers the representatives of federations to assist trade union delegates in the discussions on collective agreements. The Committee observes that section 48 of the draft text of the Labour Code reflects the spirit of the provision of the Labour Code that is currently in force and does not explicitly refer to the right of federations and confederations to conclude collective agreements themselves. The Committee requests the Government to amend section 48 of the draft text of the Labour Code to explicitly recognize the right of federations and confederations to conclude collective agreements themselves. The Committee once again requests the Government to provide copies of any collective agreements negotiated and concluded by federations or confederations.
Collective bargaining with non-unionized actors. In its previous comments, the Committee raised the need to revise the Labour Code in order to ensure that bargaining with non-unionized actors can only take place in the absence of a union in the bargaining unit. The Committee notes that the draft text of the Labour Code provides: (i) in section 4 that collective labour accords are establishment collective agreements concluded by one or more representative trade union organizations, while collective agreements, which may have a broader scope of application, are concluded by trade union representatives or “occupational groupings of workers”; and (ii) section 252 of the draft text of the Labour Code provides that staff delegates may conclude establishment agreements, either to supplement collective agreements or to set minimum conditions of work and employment in the absence of collective agreements, and that staff delegates may be assisted by representatives of their union. In view of the above, the Committee requests the Government to: (i) ensure that staff delegates can only negotiate establishment agreements in the absence of a union in the unit concerned; and (ii) specify the meaning of the concept of occupational grouping of workers and ensure that the recognition of the right to collective bargaining for these groupings does not prejudice trade unions.
Sections 367 to 370 of the Labour Code. Conciliation and arbitration. The Committee previously requested the Government to provide information on the amendment of sections 367 to 370 of the Labour Code that is currently in force which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration. The Committee notes that sections 458 to 461 of the draft text of the Labour Code reproduce the provisions of sections 367 to 370 of the Labour Code that is currently in force without substantive modification. In this regard, the Committee recalls that, by virtue of the principle of the promotion of free and voluntary collective bargaining set out in Article 4 of the Convention, recourse to compulsory arbitration in the case of disagreement between the parties to collective bargaining is only acceptable in certain specific circumstances, namely: (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, health or personal safety of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute crisis (General Survey of 2012 on the fundamental Conventions, paragraph 247). The Committee therefore requests the Government to amend sections 458 et seq. of the draft text of the Labour Code as indicated above.
Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. Section 211 of the Labour Code. In its previous comments, the Committee noted that section 211 of the Labour Code that is currently in force provides for the possibility for the personnel of public services, enterprises and establishments that are not governed by specific conditions of service to conclude collective agreements. The Committee requested the Government to: (i) provide a list of public services and establishments that are not governed by specific legislative or regulatory conditions of service; (ii) specify whether the public servants in public establishments governed by such conditions of service can participate in genuine mechanisms for the collective bargaining of their terms and conditions of work and employment; and (iii) indicate whether the provisions of section 211 are affected by the text of the draft Labour Code. Noting that section 255 of the draft text of the Labour Code takes up the provisions of section 211 in identical terms, and in the absence of information provided by the Government on this point, the Committee requests the Government to indicate, on the one hand, the list of public services and establishments that are not governed by specific legislative or regulatory conditions of service and, on the other, whether, in law or practice, public servants who are governed by such conditions of service can participate in genuine mechanisms for the collective bargaining of their terms and conditions of work and employment.
The Committee requests the Government to ensure that the provisions referred to above are amended as indicated so that the Labour Code that is adopted is in full conformity with the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

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Draft revised Labour Code. The Committee notes the Government’s indication that the draft revised Labour Code has been submitted to Parliament for adoption and that the Government's replies to the Committee's previous requests refer to the content of the draft Labour Code and several of its articles. As the text of this draft has not been transmitted to the Office, the Committee is not in a position to examine the conformity of its provisions with the Convention. The Committee requests the Government to provide information on any developments concerning the draft revised Labour Code and to transmit a copy once it has been adopted.
Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee considered that section 30(2) of the Labour Code does not cover all of the acts of interference prohibited by Article 2 of the Convention. The Committee also noted the Government’s indications that implementing regulations would be adopted to cover all of the acts of interference and that these regulations would also specify the penalties applicable in that regard.
The Committee notes that, according to the Government, the Committee's comments on protection against acts of interference were not incorporated into specific implementing regulations but were eventually taken into account in the Bill issuing the revised Labour Code, particularly in sections 31 to 45. The Committee requests the Government to provide detailed information on the progress achieved at the legislative level aimed at expanding protection against acts of interference and to communicate the content of the provisions in question once they have been adopted by Parliament.
Article 4. Promotion of collective bargaining. Section 40 of the Labour Code. In its previous comments, the Committee noted that, in accordance with section 40 of the Labour Code, collective agreements must be discussed by the delegates of employers’ and workers’ organizations belonging to the occupation or occupations concerned. Having also observed that no provision of the Labour Code appears to explicitly recognize the right of federations and confederations to conclude collective agreements, the Committee requested the Government to provide copies of collective agreements negotiated and concluded by federations or confederations.
The Committee notes the Government’s indication that section 41 of the Bill issuing the revised Labour Code charges the federations’ representatives with assisting trade union delegates in negotiating the collective agreements based on occupation. Recalling that the level of bargaining should normally be a matter for the social partners themselves, the Committee requests the Government to specify whether, beyond the function of assisting the trade union delegates mentioned by the Government, the new provisions of the revised Labour Code explicitly recognize the right of federations and confederations to themselves conclude collective agreements, and to communicate, where relevant, copies of all collective agreements negotiated and concluded by the federations and confederations.
Sections 197 and 198 of the Labour Code. For several years, the Committee has been drawing the Government’s attention to the fact that, under the terms of sections 197 and 198 of the Labour Code, representatives of trade union organizations and occupational groupings of workers (non-unionized) are on an equal footing in relation to collective bargaining, even though the negotiation of collective agreements by occupational groupings of workers should only be possible where no trade union exists. Regretting the absence of information on this matter, the Committee trusts that the current draft reformed Labour Code will finally contain provisions to ensure that occupational groupings of workers can only negotiate collective agreements with employers where no trade union exists in the bargaining units concerned. The Committee requests the Government to provide information in this regard.
Sections 367 to 370 of the Labour Code. In its previous comments, the Committee requested the Government to envisage amending sections 367 to 370 of the Labour Code, which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration. Regretting, once again, the absence of information in this regard and recalling that, by virtue of the principle of the promotion of free and voluntary collective bargaining set out in Article 4 of the Convention, recourse to compulsory arbitration in the case of disagreement between the parties to collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term or in the event of an acute national crisis, the Committee requests the Government to provide information on the progress achieved at the legislative level in this regard.
Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. Section 211 of the Labour Code. In its previous comments, the Committee noted that, under section 211 of the Labour Code, the possibility of concluding collective agreements in the public sector concerns only personnel in public services, enterprises and establishments not governed by specific conditions of service and requested the Government to specify to what extent, and based on which text, public servants not engaged in the administration of the State who are subject to specific conditions of service enjoy the right to collective bargaining. The Committee recalls that, in accordance with Articles 4 and 6 of the Convention, public servants not engaged in the administration of the State, a category that includes employees in public enterprises, employees in municipal services and employees in other decentralized bodies, public sector teachers and employees of the public transport sector, must be accorded the right to collectively negotiate their conditions of work and employment. The Committee requests the Government to specify, firstly, the list of public services and establishments not subject to specific legislative or regulatory conditions of service and, secondly, whether, in law or practice, the public servants subject to such conditions of service can participate in genuine mechanisms to collectively negotiate their conditions of work and employment. The Committee also requests the Government to indicate whether the provisions of section 211 are affected by the draft revised Labour Code submitted to Parliament for adoption and to provide any relevant information in this regard.
Right to collective bargaining in practice. The Committee notes the information provided by the Government that several collective agreements have been identified for a possible review, such as the 1994 collective agreement on logging and the 1961 collective agreement on the catering industry. The Committee invites the Government to continue providing information on the ongoing review processes specifying the manner in which these are initiated and carried out. The Committee requests the Government to indicate the measures aimed at encouraging and promoting collective bargaining, in accordance with Article 4 of the Convention, and to specify the sectors concerned. The Committee also requests the Government to provide statistical information on the number of collective agreements concluded and in force, in both the public and private sectors, and to indicate the sectors and number of workers covered by these agreements.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
In the comments that it has been making for many years, the Committee has urged the Government to indicate the measures taken for the adoption of the decree which, under the terms of section 200 of the Labour Code, shall determine the conditions governing the deposit, publication and translation of collective agreements and the conditions for the subsequent adherence to them of trade unions and employers. The Committee notes the list of sectors concerned by collective agreements as provided by the Government. The Committee hopes, that the Government will shortly provide the available statistics on the number of collective agreements concluded and the number of workers covered by them, as it had indicated.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 2 of the Convention. Adequate protection against acts of interference. Section 30(2) of the Labour Code. In its previous comments, the Committee considered that section 30(2) of the Labour Code does not cover all of the acts of interference prohibited by Article 2 of the Convention. The Committee also noted the Government’s indications that implementing regulations would be adopted to cover all of the acts of interference envisaged in Article 2 of the Convention, and that these regulations would also specify the penalties applicable in cases of violations of section 30(2) of the Labour Code.
The Committee notes the Government’s indication that section 152 of the Labour Code contributes to the protection of unionized workers against acts of interference by the employer by providing that terminations are unjustified when based on the opinions of the worker, the worker’s trade union activities or membership or not of a specific union.
The Committee however observes that, in relation to the implementation of the Convention, section 152 of the Labour Code affords protection to workers in the event of the unjustified termination of the employment contract, including in cases of anti-union dismissal, but does not provide specific protection against acts of interference. The Committee therefore once again requests the Government to provide information on any progress achieved concerning the adoption, as previously announced, of regulations broadening the protection against the acts of interference set out in section 30(2) of the Labour Code and establishing penalties in this regard.
Article 4. Promotion of collective bargaining. Section 40 of the Labour Code. In its previous comments, the Committee noted that, in accordance with section 40 of the Labour Code, collective agreements must be discussed by the delegates of employers’ and workers’ organizations belonging to the occupation or occupations concerned. Recalling that the level of bargaining should normally be a matter for the social partners themselves, the Committee requested the Government to indicate whether federations and confederations have the right to collective bargaining and to indicate the legislative provision which grants them this right.
The Committee notes the Government’s affirmation that federations and confederations are included in occupational unions, which therefore gives them the right to negotiate collective agreements. The Committee notes this indication. However, observing that no provision of the Labour Code appears to explicitly recognize the right of federations and confederations to conclude collective agreements, the Committee requests the Government to provide copies of collective agreements negotiated and concluded by federations or confederations.
Sections 197 and 198 of the Labour Code. In its previous comments, the Committee noted with regret that, under the terms of sections 197 and 198 of the Labour Code, representatives of trade union organizations and occupational groupings of workers (non-unionized) are on an equal footing in relation to collective bargaining. Recalling that Article 4 of the Convention promotes collective bargaining between employers’ and workers’ organizations, the Committee had requested the Government to indicate the measures taken to ensure that occupational groupings of workers can only negotiate collective agreements with employers where no trade union exists in the bargaining units concerned.
Noting the Government’s indication that measures are currently being taken with a view to amending sections 197 and 198 of the Labour Code, the Committee hopes that the Government will be in a position to report in the near future specific progress in the amendment of the above legislative provisions with a view to ensuring that occupational groupings of workers can only negotiate collective agreements with employers when there is no union in the bargaining units concerned.
Sections 367 to 370 of the Labour Code. In its previous comments, the Committee requested the Government to envisage amending sections 367 to 370 of the Labour Code, which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration.
The Committee notes the Government’s indication that the urgent procedure of attempted conciliation and arbitration envisaged in sections 367 et seq. of the Labour Code is intended to resolve disputes within a reasonable period. Recalling that, by virtue of the principle of the promotion of free and voluntary collective bargaining set out in Article 4 of the Convention, recourse to compulsory arbitration in the case of disagreement between the parties to collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term or in the event of an acute national crisis, the Committee reiterates its request for the amendment of sections 367–370 of the Labour Code.
Articles 4 and 6. Public servants not engaged in the administration of the State. Section 211 of the Labour Code. In its previous comments, the Committee noted that section 211 of the Labour Code only provides for the right to collective bargaining in public services, enterprises and establishments for personnel not governed by specific conditions of service.
The Committee notes the Government’s indication that the right to bargaining established in the Labour Code cannot be applied to all personnel in public services, enterprises and establishments, except for employees recruited under private law, as public servants are excluded from the scope of application of the Labour Code.
The Committee recalls that, under the terms of Article 6 of the Convention, a distinction has to be made between, on the one hand, public servants who, through their functions, are directly engaged in the administration of the State (for example, in certain countries, officials in government ministries and other similar bodies and their auxiliary personnel), who may be excluded from the scope of application of the Convention and, on the other, all other persons employed by the Government, public enterprises or autonomous public institutions, who should benefit from the guarantees set out in the Convention (for example, employees in public enterprises, employees in municipal services and employees in other decentralized bodies, as well as public sector teachers). Emphasizing that only public servants engaged in the administration of the State may be excluded from the scope of application of the Convention, the Committee requests the Government to indicate the categories of public sector workers who are subject to specific conditions of service, and accordingly excluded from the scope of application of the Labour Code, and to indicate any texts which may accord certain of these categories the right to negotiate their terms and conditions of work and employment.
Observations of the International Trade Union Confederation (ITUC). In its previous comments, the Committee requested the Government to reply to the observations of the ITUC alleging the absence of collective bargaining in the wage determination process in the public sector and to indicate the measures taken to promote machinery for the negotiation of terms and conditions of employment in the public sector. The Committee notes with regret that the Government does not provide any information in this regard. While taking duly into account the difficulties currently experienced by the country, the Committee once again requests the Government to indicate the measures taken to promote machinery for the negotiation of terms and conditions of work and employment in the public sector.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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In the comments that it has been making for many years, the Committee has urged the Government to indicate the measures taken for the adoption of the decree which, under the terms of section 200 of the Labour Code, shall determine the conditions governing the deposit, publication and translation of collective agreements and the conditions for the subsequent adherence to them of trade unions and employers. The Committee notes the list of sectors concerned by collective agreements as provided by the Government. The Committee hopes, that the Government will shortly provide the available statistics on the number of collective agreements concluded and the number of workers covered by them, as it had indicated.

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Article 2 of the Convention. Adequate protection against acts of interference. Section 30(2) of the Labour Code. In its previous comments, the Committee considered that section 30(2) of the Labour Code does not cover all of the acts of interference prohibited by Article 2 of the Convention. The Committee also noted the Government’s indications that implementing regulations would be adopted to cover all of the acts of interference envisaged in Article 2 of the Convention, and that these regulations would also specify the penalties applicable in cases of violations of section 30(2) of the Labour Code.
The Committee notes the Government’s indication that section 152 of the Labour Code contributes to the protection of unionized workers against acts of interference by the employer by providing that terminations are unjustified when based on the opinions of the worker, the worker’s trade union activities or membership or not of a specific union.
The Committee however observes that, in relation to the implementation of the Convention, section 152 of the Labour Code affords protection to workers in the event of the unjustified termination of the employment contract, including in cases of anti-union dismissal, but does not provide specific protection against acts of interference. The Committee therefore once again requests the Government to provide information on any progress achieved concerning the adoption, as previously announced, of regulations broadening the protection against the acts of interference set out in section 30(2) of the Labour Code and establishing penalties in this regard.
Article 4. Promotion of collective bargaining. Section 40 of the Labour Code. In its previous comments, the Committee noted that, in accordance with section 40 of the Labour Code, collective agreements must be discussed by the delegates of employers’ and workers’ organizations belonging to the occupation or occupations concerned. Recalling that the level of bargaining should normally be a matter for the social partners themselves, the Committee requested the Government to indicate whether federations and confederations have the right to collective bargaining and to indicate the legislative provision which grants them this right.
The Committee notes the Government’s affirmation that federations and confederations are included in occupational unions, which therefore gives them the right to negotiate collective agreements. The Committee notes this indication. However, observing that no provision of the Labour Code appears to explicitly recognize the right of federations and confederations to conclude collective agreements, the Committee requests the Government to provide copies of collective agreements negotiated and concluded by federations or confederations.
Sections 197 and 198 of the Labour Code. In its previous comments, the Committee noted with regret that, under the terms of sections 197 and 198 of the Labour Code, representatives of trade union organizations and occupational groupings of workers (non-unionized) are on an equal footing in relation to collective bargaining. Recalling that Article 4 of the Convention promotes collective bargaining between employers’ and workers’ organizations, the Committee had requested the Government to indicate the measures taken to ensure that occupational groupings of workers can only negotiate collective agreements with employers where no trade union exists in the bargaining units concerned.
Noting the Government’s indication that measures are currently being taken with a view to amending sections 197 and 198 of the Labour Code, the Committee hopes that the Government will be in a position to report in the near future specific progress in the amendment of the above legislative provisions with a view to ensuring that occupational groupings of workers can only negotiate collective agreements with employers when there is no union in the bargaining units concerned.
Sections 367 to 370 of the Labour Code. In its previous comments, the Committee requested the Government to envisage amending sections 367 to 370 of the Labour Code, which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration.
The Committee notes the Government’s indication that the urgent procedure of attempted conciliation and arbitration envisaged in sections 367 et seq. of the Labour Code is intended to resolve disputes within a reasonable period. Recalling that, by virtue of the principle of the promotion of free and voluntary collective bargaining set out in Article 4 of the Convention, recourse to compulsory arbitration in the case of disagreement between the parties to collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term or in the event of an acute national crisis, the Committee reiterates its request for the amendment of sections 367–370 of the Labour Code.
Articles 4 and 6. Public servants not engaged in the administration of the State. Section 211 of the Labour Code. In its previous comments, the Committee noted that section 211 of the Labour Code only provides for the right to collective bargaining in public services, enterprises and establishments for personnel not governed by specific conditions of service.
The Committee notes the Government’s indication that the right to bargaining established in the Labour Code cannot be applied to all personnel in public services, enterprises and establishments, except for employees recruited under private law, as public servants are excluded from the scope of application of the Labour Code.
The Committee recalls that, under the terms of Article 6 of the Convention, a distinction has to be made between, on the one hand, public servants who, through their functions, are directly engaged in the administration of the State (for example, in certain countries, officials in government ministries and other similar bodies and their auxiliary personnel), who may be excluded from the scope of application of the Convention and, on the other, all other persons employed by the Government, public enterprises or autonomous public institutions, who should benefit from the guarantees set out in the Convention (for example, employees in public enterprises, employees in municipal services and employees in other decentralized bodies, as well as public sector teachers). Emphasizing that only public servants engaged in the administration of the State may be excluded from the scope of application of the Convention, the Committee requests the Government to indicate the categories of public sector workers who are subject to specific conditions of service, and accordingly excluded from the scope of application of the Labour Code, and to indicate any texts which may accord certain of these categories the right to negotiate their terms and conditions of work and employment.
Observations of the International Trade Union Confederation (ITUC). In its previous comments, the Committee requested the Government to reply to the observations of the ITUC alleging the absence of collective bargaining in the wage determination process in the public sector and to indicate the measures taken to promote machinery for the negotiation of terms and conditions of employment in the public sector. The Committee notes with regret that the Government does not provide any information in this regard. While taking duly into account the difficulties currently experienced by the country, the Committee once again requests the Government to indicate the measures taken to promote machinery for the negotiation of terms and conditions of work and employment in the public sector.
The Committee is raising other matters in a request addressed directly to the Government.

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Article 4 of the Convention. The Committee notes that the Government’s report does not contain information addressing the matters raised in its previous comments. Referring to the comments which it has been making for many years on this subject, the Committee urges the Government to indicate the steps taken to adopt the decree which, under the terms of section 200 of the Labour Code, shall determine the conditions governing the deposit, publication and translation of collective agreements and the conditions for the subsequent adherence to them by trade unions and employers.
The Committee also requests the Government to provide the available statistics on the number of collective agreements concluded, the sectors concerned and the number of workers covered by them.

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The Committee notes the Government’s indication, in response to the Committee’s previous comments, that it is taking measures in the implementing regulations of the Labour Code, in particular with regard to the issue of wage bargaining. The Committee requests the Government to provide information on any progress made in this regard. Moreover, the Committee observes that the Government’s report does not contain a reply to its previous comments.
Articles 2, 4 and 6 of the Convention. Legislative matters. The Committee recalls that for several years its comments have concerned the following points:
  • -section 30(2) of the Labour Code (insufficient protection against all the acts of interference envisaged in Article 2 of the Convention and absence of penalties). The Committee requests the Government to provide information on any progress achieved in respect of the previously announced adoption of regulations to extend the protection afforded against acts of interference and to impose penalties.
  • -section 40 of the Labour Code (collective agreements must be discussed by the representative employers’ and workers’ organizations belonging to the occupation concerned). The Committee requests the Government to indicate the legislative provision which grants federations and confederations the right to engage in collective bargaining.
  • -sections 197 and 198 of the Labour Code (possibility for professional groupings of workers to engage in collective bargaining with the employer on an equal footing with trade unions). Recalling that Article 4 of the Convention promotes collective bargaining between employers and workers’ organizations, the Committee requested the Government to indicate the measures taken to ensure that professional groupings of workers may negotiate collective agreements with employers only where no trade union exists in the bargaining units concerned. The Committee hopes that the Government will be in a position to report specific progress in this respect in the near future.
  • -section 211 of the Labour Code (right to collective bargaining in the public service limited to “public services, enterprises and establishments not governed by specific conditions of service”). Recalling that the Convention applies to all public servants not engaged in the administration of the State, the Committee requests the Government to provide clarification on the scope of application of section 211, particularly specifying the extent to which the right to engage in collective bargaining is recognized for all public employees, with the possible exception of public servants engaged in the administration of the State, the armed forces and the police.
Furthermore, the Committee previously asked the Government to reply to the observations of the International Trade Union Confederation (ITUC) alleging that there is no collective bargaining in the wage-fixing process in the public sector. The Government indicated that, in the context of fixing minimum wages in the public sector, the opinion of the tripartite Standing National Labour Council (CNPT) is taken into account. The Government also declared that, since it is the biggest employer in the country and it is part of the CNPT, engaging in collective bargaining on the wages of public servants would be a duplication of effort. While noting the explanations provided by the Government, the Committee recalled that, under the terms of the Convention, public servants other than those engaged in the administration of the State should have the benefit of machinery for negotiating the terms and conditions of their employment, including the question of wages other than the minimum wage. In view of the lack of information from the Government on this matter, the Committee once again requests the Government to indicate the measures taken to promote such bargaining machinery in the public sector.
Lastly, the Committee requested the Government to consider amending sections 367–370 of the Labour Code, which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration. In view of the lack of information from the Government on this matter, the Committee repeats its request, recalling that recourse to compulsory arbitration in all cases where the parties do not reach agreement through collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term or in the event of an acute national crisis. The Committee also once again requests the Government to provide its comments on the matter of compulsory recourse to long conciliation or arbitration procedures in the event of a dispute, as raised by the ITUC in its 2013 observations.
The Committee is raising other matters in a request addressed directly to the Government.

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Article 4 of the Convention. Referring to the comments which it has been making for many years on this matter, the Committee urges the Government to indicate the steps taken to adopt the decree which, under the terms of section 200 of the Labour Code, shall determine the conditions governing the deposit, publication and translation of collective agreements and the subsequent adherence to them by trade unions and employers.
The Committee also requests the Government to provide available statistics on the number of collective agreements concluded, the sectors concerned and the number of workers covered by them.

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Articles 2, 4 and 6 of the Convention. Legislative matters. The Committee recalls that for several years its comments have concerned the following points:
  • -section 30(2) of the Labour Code (insufficient protection against all the acts of interference envisaged in Article 2 of the Convention and absence of penalties): The Committee requests the Government to provide information on any progress achieved in respect of the previously announced adoption of regulations to extend the protection afforded against acts of interference and to impose penalties.
  • -section 40 of the Labour Code (collective agreements must be discussed by the representative employers’ and workers’ organizations belonging to the occupation concerned): The Committee requests the Government to indicate the legislative provision which grants federations and confederations the right to engage in collective bargaining.
  • -sections 197 and 198 of the Labour Code (possibility for professional groupings of workers to engage in collective bargaining with the employer on an equal footing with trade unions): Recalling that Article 4 of the Convention promotes collective bargaining between employers and trade union organizations, the Committee requested the Government to indicate the measures taken to ensure that professional groupings of workers may negotiate collective agreements with employers only where no trade union exists in the bargaining units concerned. Noting the Government’s indication that steps are being taken to amend sections 197 and 198 of the Labour Code, the Committee hopes that the Government will be in a position to report specific progress in this respect in the near future.
  • -section 211 of the Labour Code (right to collective bargaining in the public service limited to “public services, enterprises and establishments not governed by specific conditions of service”): Recalling that the Convention applies to all public servants not engaged in the administration of the State, the Committee requests the Government to provide clarification on the scope of application of section 211, particularly specifying the extent to which the right to engage in collective bargaining is recognized for all public employees, with the possible exception of public servants engaged in the administration of the State, the armed forces and the police.
Furthermore, the Committee previously asked the Government to reply to the observations of the International Trade Union Confederation (ITUC) alleging that there is no collective bargaining in the wage-fixing process in the public sector. The Government indicates that in the context of fixing minimum wages in the public sector, the opinion of the tripartite Standing National Labour Council (CNPT) is taken into account. The Government also declares that since it is the biggest employer in the country and it is part of the CNPT, engaging in collective bargaining with regard to public servants’ wages would be a duplication of effort. While noting the explanations provided by the Government, the Committee wishes to recall that, under the terms of the Convention, public servants other than those engaged in the administration of the State should have the benefit of machinery for negotiating the terms and conditions of their employment, including the question of wages other than the minimum wage. The Committee therefore requests the Government to indicate the measures taken to promote such machinery for negotiation in the public sector.
Lastly, the Committee requested the Government to consider amending sections 367–370 of the Labour Code, which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration. In view of the lack of information from the Government on this matter, the Committee repeats its request, recalling that recourse to compulsory arbitration in all cases where the parties do not reach agreement through collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crises. The Committee also requests the Government once again to provide its comments on the matter of compulsory recourse to long conciliation or arbitration procedures in the event of a dispute, as raised by the ITUC in its 2013 observations.
The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report contains no information in reply to the points raised in its previous comments. It hopes that the next report will include full information on the following point relating to Article 4 of the Convention.
  • -Section 200 of the Labour Code (conditions governing the deposit, publication and translation of collective agreements and the subsequent adherence to them by trade unions and employers to be determined by decree). The Committee once again requests the Government to provide a copy of the decree in question once it has been adopted.
The Committee also trusts that the Government will provide statistics on the number of collective agreements concluded and the number of workers covered by these agreements as soon as possible.

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The Committee notes with regret that the Government’s report contains no information in reply to the points raised in its previous comments. It is therefore bound to once again draw the Government’s attention to the following issues relating to Articles 2, 4 and 6 of the Convention:
  • -Section 30(2) of the Labour Code (insufficient protection against all the acts of interference envisaged in Article 2 and absence of penalties): The Committee requests the Government to provide information on any progress achieved in respect of the previously announced adoption of regulations to extend the protection afforded against acts of interference and to impose penalties.
  • -Sections 197 and 198 of the Labour Code (possibility for professional groups of workers to engage in collective bargaining on an equal footing with trade unions): Recalling that Article 4 promotes collective bargaining between employers and trade union organizations, the Committee requests the Government to provide information on the measures envisaged to ensure that professional groupings may negotiate collective agreements only where no trade union exists.
  • -Section 40 of the Labour Code (collective agreements must be discussed by employers’ and workers’ organizations representatives belonging to the occupation concerned): The Committee requests the Government to indicate the provision granting federations and confederations the right to engage in collective bargaining.
  • -Section 211 of the Labour Code (right to collective bargaining in the public service limited to “public services, enterprises and establishments not governed by specific conditions of service”): Recalling that the Convention applies to all public servants not engaged in the administration of the State (Articles 4 and 6), the Committee requests the Government to provide clarification on the scope of application of section 211.
Furthermore, the Committee had previously requested the Government to provide its observations in reply to the earlier comments submitted by the International Trade Union Confederation (ITUC), according to which, in the public sector, wages are fixed by the Government after consulting the trade unions, but without any negotiation. The Committee noted that, according to the Government, measures relating to the implementing texts of the Labour Code, particularly on the question of wages, were being adopted. Recalling that public sector wages of employees covered by the Convention should be a matter for negotiation, the Committee requests the Government to provide its observations in this regard and to supply copies of the implementing texts of the Labour Code concerning wages, once adopted.
Lastly, the Committee notes the ITUC comments dated 16 September 2013 concerning compulsory arbitration and other matters already being raised by the Committee. In this regard, the Committee observes that sections 367–370 of the Labour Code appear to establish a procedure in which all collective disputes are subject to conciliation and, failing resolution, to arbitration. The Committee recalls that recourse to compulsory arbitration in all cases where the parties do not reach agreement through collective bargaining is only in conformity with the Convention in case of disputes in the public service involving public servants exercising authority in the name of the State or in essential services in the strict sense of the term. The Committee requests the Government to provide its observations on the matter raised by the ITUC and to consider amending the relevant provisions to ensure respect for the principle of free and voluntary negotiation contained in Article 4 of the Convention.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
The Committee is raising other points in a request addressed directly to the Government.

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Article 4 of the Convention. Right to collective bargaining. The Committee noted previously that, under the terms of section 40 of the Labour Code, collective agreements have to be discussed by delegates of employers’ and workers’ organizations belonging to the occupation or occupations concerned. Recalling that the level of negotiation should normally be decided upon by the partners themselves, the Committee requested the Government to indicate whether federations and confederations have the right to engage in collective bargaining. The Committee notes the Government’s indication that federations and confederations have the right to engage in collective bargaining. The Committee requests the Government to specify the legal basis of this right.
The Committee also noted previously that, under the terms of section 200 of the Labour Code, a decree issued by the Council of Ministers, after seeking the views of the National Standing Labour Council, shall determine the conditions under which collective agreements shall be deposited, published and translated, and those governing the subsequent adherence of trade unions and employers to such agreements. As the Government has not provided information on the adoption of the decree envisaged in section 200 of the Labour Code, the Committee once again requests the Government to provide a copy of the decree in question once it has been adopted.
The Committee also requested the Government to provide statistics on the number of collective agreements concluded and the number of workers covered by these agreements. The Committee notes the Government’s indication that it will provide this information to the Committee shortly. The Committee hopes that the Government will provide these statistics as soon as possible.

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The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 4 August 2011, reporting the blockage of wage bargaining in the public service and the ineffectiveness of labour inspection, which is almost non-existent. The Committee requests the Government to provide its observations on these matters.
Article 2 of the Convention. Protection against acts of interference. In its previous comments, the Committee noted that, under the terms of section 30(2) of the new Labour Code, the head of the enterprise or his or her representatives shall not use any means of pressure in favour of or against any specific trade union organization. The Committee considered that the above provision did not cover all the acts of interference envisaged in Article 2 of the Convention, and in particular acts which are intended to place workers’ organizations under the financial or other types of control of an employer or of an employers’ organization. The Committee requested the Government to take measures to extend the protection envisaged against acts of interference and to indicate the penalties applicable for violations of the current section 30(2). The Committee notes the Government’s indication that regulations will be adopted to broaden the protection afforded against acts of interference to include all the acts of interference envisaged in Article 2 of the Convention, and that these texts will also establish the penalties applicable in the event of violations of section 30(2). The Committee notes with interest these formal commitments by the Government and expresses the firm hope that measures for the adoption of these regulations will be taken in the near future. The Committee requests the Government to provide information on any progress achieved in this respect.
The Committee notes with regret that the Government’s report does not contain any information on the other points raised in its comments and it hopes that the Government’s next report will contain full particulars on these points.
Article 4 of the Convention. In its previous comments, the Committee indicated that the negotiation of collective agreements by professional groupings should only be possible where no trade union exists. It requested the Government to amend the legislation in this respect. The Committee notes with regret that, under the terms of sections 197 and 198 of the new Labour Code, the representatives of trade union organizations and professional groups of workers are placed on an equal footing and may engage in collective bargaining. While noting that, according to the Government, collective agreements and work agreements are, in practice, always negotiated by the representatives of workers’ unions and of employers, the Committee notes with regret that the national authorities did not take the opportunity of the reform of the Labour Code to amend the legislation as indicated. Recalling that the Convention promotes collective bargaining between employers and trade union organizations, the Committee once again requests the Government to take the necessary measures for the amendment of the legislation in the near future and to provide information on any progress achieved in this respect.
Articles 4 and 6. On several occasions, the Committee requested the Government to provide its observations in reply to the comments made by the International Trade Union Confederation (ITUC), according to which in the public sector wages are fixed by the Government after consulting the trade unions, but without any negotiation. The Committee notes that, according to the Government, measures relating to the implementing texts of the Labour Code, particularly on the question of wages, are currently being adopted. The Committee observes that the new Labour Code, in section 211, envisages the right to collective bargaining in public services, enterprises and establishments where their personnel are not governed by specific conditions of service. Recalling that the Convention also applies to public officials not engaged in the administration of the State, the Committee requests the Government to provide clarification on the scope of the right to collective bargaining in the public sector in relation to public officials not engaged in the administration of the State and public officials who are not governed by specific conditions of service. The Committee requests the Government to ensure that all public officials, with the sole possible exception of public servants engaged in the administration of the State, the armed forces and the police, enjoy the right to collective bargaining. The Government is requested to indicate any progress achieved in this respect.
The Committee is raising other points in a request addressed directly to the Government.

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Article 2 of the Convention. Protection against acts of interference. The Committee notes that, under the terms of section 30(2) of the new Labour Code, the head of the enterprise or his or her representatives shall not use any means of pressure in favour of or against any specific trade union organization. The Committee considers that the provision referred to above does not cover all of the acts of interference envisaged in Article 2 of the Convention, and in particular acts which are designed to place workers’ organizations under the financial or other types of control of an employer or of an employers’ organization. The Committee requests the Government to take measures to extend the protection envisaged against acts of interference and to indicate the penalties applicable for violations of the current section 30(2).

Article 4. The Committee notes that, under the terms of section 40 of the new Labour Code, collective agreements have to be discussed by delegates of employers’ and workers’ organizations belonging to the occupations or the professions concerned. Recalling that the level of negotiation should normally be decided upon by the partners themselves, the Committee requests the Government to indicate whether federations and confederations have the right to engage in collective bargaining.

The Committee notes that, under the terms of section 200 of the Labour Code, a decree issued by the Council of Ministers, after requesting the views of the National Standing Labour Council, shall determine the conditions under which collective agreements shall be deposited, published and translated, and those governing the subsequent adherence of trade unions and employers to such agreements. The Committee requests the Government to provide a copy of the Decree referred to above once it has been adopted.

The Committee also requests the Government to provide statistics on the number of collective agreements concluded and the number of workers covered by these agreements.

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The Committee notes the adoption of Act No. 09.004 of 29 January 2009 issuing the Labour Code.

Article 4 of the Convention. In its previous comments, the Committee indicated that the negotiation of collective agreements by professional groupings should only be possible where no trade union exists. It requested the Government to amend the legislation in this respect. The Committee notes with regret that, under the terms of sections 197 and 198 of the new Labour Code, the representatives of trade union organizations and professional groups of workers are placed on an equal footing and may engage in collective bargaining. While noting that, according to the Government, collective agreements and work agreements are, in practice, always negotiated by the representatives of workers’ unions and of employers, the Committee notes with regret that the national authorities did not take the opportunity of the reform of the Labour Code to amend the legislation as indicated. Recalling that the Convention promotes collective bargaining between employers and trade union organizations, the Committee once again requests the Government to take the necessary measures for the amendment of the legislation in the near future and to provide information on any progress achieved in this respect.

Articles 4 and 6. On several occasions, the Committee requested the Government to provide its observations in reply to the comments made by the International Trade Union Confederation (ITUC), according to which in the public sector wages are fixed by the Government after consulting the trade unions, but without any negotiation. The Committee notes that, according to the Government, measures relating to the implementing texts of the Labour Code, particularly on the question of wages, are currently being adopted. The Committee observes that the new Labour Code, in section 211, envisages the right to collective bargaining in public services, enterprises and establishments where their personnel are not governed by specific conditions of service. Recalling that the Convention also applies to public officials not engaged in the administration of the State, the Committee requests the Government to provide clarification on the scope of the right to collective bargaining in the public sector in relation to public officials not engaged in the administration of the State and public officials who are not governed by specific conditions of service. The Committee requests the Government to ensure that all public officials, with the sole possible exception of public servants engaged in the administration of the State, the armed forces and the police, enjoy the right to collective bargaining. The Government is requested to indicate any progress achieved in this respect.

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The Committee notes with regret that once again the Government’s report does not contain any reply to its previous comments. The Committee notes the communication from the International Trade Union Confederation (ITUC), dated 29 August 2008, reiterating its previous observations on the application of the Convention. The Committee urges the Government to provide comments in reply to the observations from the ITUC to the effect that wages in the public sector are determined by the Government after consultation with the unions but without any negotiation. In this regard, the Committee emphasizes that the Convention also applies to officials not engaged in the administration of the State and requests the Government to take the necessary steps to ensure that they enjoy the right to collective bargaining.

Article 4 of the Convention. For many years the Committee has been asking the Government to take the necessary steps to amend the legislation so that the negotiation of collective agreements by “professional groupings” is only possible where no trade union exists. The Committee reminds the Government that the Convention promotes collective bargaining between representative organizations of employers and workers and urges the Government once again to amend the legislation accordingly. Noting the indication that a draft new Labour Code is being drawn up to remedy the deficiencies vis-à-vis the Convention, the Committee trusts that the Government will take this point fully into consideration.

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The Committee notes the Government’s report. It notes with regret that the Government has not replied to its previous comments in which it asked the Government to:

–      send its observations on the comments made by the International Trade Union Confederation (ITUC) to the effect that wages in the public sector are determined by the Government after consultation with the unions but without any negotiation. The Committee requests the Government to send its reply to these comments;

–      take steps to amend the legislation so that negotiations by “professional groupings” are only possible where no trade union exists. The Committee reminds the Government that the Convention promotes collective bargaining between employers’ and workers’ organizations and requests the Government once again to amend the legislation accordingly.

The Committee requests the Government to keep it informed of all measures taken in this regard.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, indicating that wages in the public sector are determined by the Government following consultations with the trade unions but with no negotiation. In this respect, the Committee requests the Government to provide its observations on the comments made by the ICFTU.

The Committee also requests the Government, in the context of the regular reporting cycle, to provide its observations for the Committee’s next session in November-December 2007 on all the issues relating to legislation and the application of the Convention in practice raised in its previous observation in 2005 (see 2005 observation, 76th Session).

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The Committee notes the Government’s report.

Article 4 of the Convention. In its previous direct request, the Committee asked the Government to indicate whether representatives of "occupational groupings" may conclude a collective agreement on behalf of a group of workers where a trade union organization has already been established. The Committee notes the Government’s reply in the affirmative to this question. The Committee considers that such negotiations by "professional groupings" should only be possible where no trade union exists. The Committee therefore requests the Government to take measures to amend the legislation in the near future and asks the Government to keep it informed of any progress achieved in this respect.

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The Committee notes that the Government’s report does not contain replies to its previous comments. It is therefore bound to reiterate its previous observation, which read as follows:

Article 4 of the Convention. The Government states that the representatives of trade union organizations and of "any other professional grouping" may conclude agreements on behalf of the organization that they represent.

The Committee requests the Government to indicate whether the representatives of these "professional groupings" can negotiate a collective agreement on behalf of a group of workers where a trade union organization has already been established and, if so, under what conditions.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention. The Government states that the representatives of trade union organizations and of "any other professional grouping" may conclude agreements on behalf of the organization that they represent.

The Committee requests the Government to indicate whether the representatives of these "professional groupings" can negotiate a collective agreement on behalf of a group of workers where a trade union organization has already been established and, if so, under what conditions.

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The Committee notes the Government’s report.

Article 4 of the Convention. The Government states that the representatives of trade union organizations and of "any other professional grouping" may conclude agreements on behalf of the organization that they represent.

The Committee requests the Government to indicate whether the representatives of these "professional groupings" can negotiate a collective agreement on behalf of a group of workers where a trade union organization has already been established and, if so, under what conditions.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. In view of the adoption of Act No. 88.009 respecting freedom of association and the protection of the right to organize, the Committee asks the Government to state whether Order No. 1.115/DFLC of 25 March 1957, to promulgate Act No. 56/416 of 27 April 1956 which guaranteed freedom of association and the protection of the right to organise (Official Journal AEF of 15 April 1957) to which the Government referred in its first report in 1967 and in its reports of 1968 and 1970 and which applies the provisions of the Convention, is still in force.

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The Committee notes that the Government's report contains no reply to its previous comments. It hopes that the next report will provide an answer to the point raised in its previous direct request, which reads as follows.

Articles 1 and 2 of the Convention. In view of the adoption of Act No. 88.009 respecting freedom of association and the protection of the right to organise, the Committee asks the Government to state whether Order No. 1.115/DFLC of 25 March 1957, to promulgate Act No. 56/416 of 27 April 1956 which guaranteed freedom of association and the protection of the right to organise (Official Journal AEF of 15 April 1957) to which the Government referred in its first report in 1967 and in its reports of 1968 and 1970 and which applies the provisions of the Convention, is still in force.

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Articles 1 and 2 of the Convention. In view of the adoption of Act No. 88.009 respecting freedom of association and the protection of the right to organise, the Committee asks the Government to state whether Order No, 1.115/DFLC of 25 March 1957 to promulgate Act No. 56/416 of 27 April 1956 which guaranteed freedom of association and the protection of the right to organise (JO AEF of 15 April 1957) so as to apply the provisions of the present Convention, is still in force.

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