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The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 26 August 2009, reporting the persistence of anti-union acts against the leaders and members of the Union of Trade Unions of Chad (UST), and the difficulties of social dialogue in the petroleum sector. The Committee recalls that in its previous observation it already noted comments by the ITUC denouncing the fact that the Government refuses to recognize, in the context of social dialogue, the status of the UST as the most representative organization, that some trade union leaders were dismissed, transferred or prosecuted for anti-union reasons and that the Government refused to negotiate with the inter-trade union association which includes the UST. As the Government confined itself to indicating that the ITUC’s allegations did not reflect the real situation, the Committee requested it to ensure that neither the UST nor its leaders or members were discriminated against on account of their trade union activities and that, in the relations between the authorities and the UST, the status of the UST as the most representative trade union organization was given due consideration. The Committee requests the Government to provide its observations in reply to the 2009 comments of the ITUC. In the meantime, the Committee urges the Government to guarantee, as required by the Convention, adequate protection against all acts which could jeopardize the exercise of freedom of association by trade union leaders and members, and particularly those of the UST, and to ensure that this trade union organization, the representative nature of which has not been contested by the Government, is not subject to any discrimination.

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The Committee notes the comments from the International Trade Union Confederation (ITUC), dated 29 August 2008, to the effect that: (1) the Government refuses, in the context of social dialogue, to recognize the Union of Trade Unions of Chad (UST) as the most representative organization; (2) some trade union leaders have been dismissed, transferred or prosecuted for anti-union reasons; and (3) the Government has refused to negotiate with the inter-trade union association which includes the UST.

The Committee notes that the Government declares these allegations to be unfounded and also refers to a number of agreements and examples of social dialogue.

Noting the ITUC’s comments and the Government’s report, the Committee requests the Government to ensure that neither the UST nor its leaders or members are discriminated against on account of their trade union activities and that, in the relations between the authorities and the UST, the status of the UST as the most representative trade union organization is given due consideration.

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The Committee notes the Government’s report received in 2006. It also notes the communication of 28 August 2007 in which the International Trade Union Confederation (ITUC) condemns a harassment campaign against the Union of Trade Unions of Chad (UST) and anti-union discrimination measures against its leaders. The Committee asks the Government to provide its observations in response to the comments of the ITUC in its next report.

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The Committee notes the Government's information as well as the comments made by the Confederation of Unions of Chad (CST) in communications dated 21 and 22 August 1997 and in respect of the new Labour Code adopted on 11 December 1996 (Act No. 38/PR/96).

The CST argues that sections 308 and 309 of the new Labour Code, which provide that representative trade union organizations can conclude collective agreements and are represented, at the national level, on the High-level Committee for Labour and Social Security, are contrary to the provisions of the Convention since they authorize the authorities to give privileges to certain organizations to the detriment of others. In this respect, the Government specifies that representativeness, whose parameters are set out by section 310, is essential for a trade union organization and must be verified by the public authority based on legal criteria. The Committee notes this information and that, in respect of section 314, the representative nature of a trade union is determined by taking into consideration the number of due-paying members and the percentage that it obtained at the last elections of workers' representatives, where it must have obtained at least 15 per cent of the workers' representatives elected. The Committee considers that, in these circumstances, the representativeness of trade unions for the purposes of collective bargaining, appears to be legally determined by objective criteria and therefore requires no comment.

Moreover, the CST maintains that sections 346 and 347 of the new Labour Code, which empower the Minister of Labour and Social Security to formulate comments on sectorial or interoccupational collective agreements as well as sections 353, 354 and 356 which provide for the intervention of the Minister in extending or broadening the application of these provisions would be contrary to the provisions of the Convention. The Government, however, points out that sections 346 and 347, which were the subject of the Committee's previous comments, only authorize the Minister to formulate comments and that, in the last resort, it is the parties who freely decide the course they wish to follow. The Committee notes this information and, consequently, considers that sections 346 and 347 do not give rise to new comments. In regard to the possible extension of collective agreements by ministerial decision (sections 353 and 354), the Committee notes that, whilst this extension can take place on the initiative of the Minister, section 353 provides for this decision to be taken following consultation of a tripartite body. The Committee, therefore, will not pursue this point further.

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The Committee notes the Government's report. It also notes the Labour Code (Act No. 38/PR/96 of 11 December 1996) and the observations made on the Code by the Trade Union's Confederation of Chad.

The Committee notes with interest that the Labour Code which has been under consideration for many years has been adopted. The Committee requested that several provisions regarding certain forms of intervention by the administration in the collective bargaining process be amended as well as those concerning previous authorization regarding the entry into force of a collective agreement. It notes with interest that these provisions have disappeared from the new Code and that, according to the Government, collective agreements will henceforth be "self-executing".

The Committee notes that by virtue of sections 346 and 247 of the Code, the Minister of Labour may make observations on the collective agreements deposited and demand that negotiations be reopened. The Committee wishes to recall on this matter that, in all cases, the parties should remain free in regard to their final decision. It requests the Government to supply, in its next report, detailed information on the application of these provisions, indicating the subject of the observations of the Minister, the number of cases for which reopening of negotiations was requested and the results.

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The Committee notes with regret that for the second consecutive year the Government's report has not been received. It must therefore repeat its previous observation which read with as follows:

The Committee recalls the need to amend section 119 of the Labour Code which empowers the administration to intervene in the collective bargaining process, and sections 121 and 122 of the Labour Code concerning prior authorization for the entry into force of collective agreements, in order to bring the legislation into conformity with Article 4 of the Convention. The Committee trusts that the draft Labour Code prepared in 1988 with ILO assistance will be adopted in the near future since the above-mentioned provisions are not reproduced in it. It asks the Government to indicate any progress made in this respect in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the Government's reports.

The Committee regrets that the draft Labour Code prepared in 1988 with ILO assistance has still not entered into force. It notes, however, the Government's statement that adoption of the draft Labour Code is imminent and is included in the priorities of the ministry responsible for labour and that, meanwhile, it does not intend to enact any legislation which would be contrary to the Convention.

The Committee recalls again the need to amend section 119 of the Labour Code which empowers the administration to intervene in the collective bargaining process, and sections 121 and 122 of the Labour Code concerning prior authorization for the entry into force of a collective agreement, in order to bring the legislation into conformity with Article 4 of the Convention.

The Committee requests the Government to take the necessary measures in the near future to amend its legislation in order to bring it into conformity with the Convention, to inform it in its next report of the progress made in the adoption of the new Labour Code and to send it a copy as soon as it has been adopted.

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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. With reference to its earlier comments, the Committee notes with interest the Government's statement in its report that the Committee's comment concerning the protection of workers against all acts of anti-union discrimination has been taken into account in the drafting of the new Labour Code.

Accordingly, the Committee trusts that section 37 of the Labour Code currently in force, which gives effect to the provisions of the Convention, will be maintained in the new legislation.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which dealt with the following:

The Committee recalls the need to amend section 119 of the Labour Code which empowers the administration to intervene in the collective bargaining process, and sections 121 and 122 of the Labour Code concerning prior authorization for the entry into force of collective agreements, in order to bring the legislation into conformity with Article 4 of the Convention. The Committee trusts that the draft Labour Code prepared in 1988 with ILO assistance will be adopted in the near future since the above-mentioned provisions are not reproduced in it. It asks the Government to indicate any progress made in this respect in its next report. In addition, the Committee is addressing a request directly to the Government about maintaining the provision of the Labour Code that gives effect to Articles 1 and 2 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Articles 1 and 2 of the Convention. With reference to its earlier comments, the Committee notes with interest the Government's statement in its report that the Committee's comment concerning the protection of workers against all acts of anti-union discrimination has been taken into account in the drafting of the new Labour Code.

Accordingly, the Committee trusts that section 37 of the Labour Code currently in force, which gives effect to the provisions of the Convention, will be maintained in the new legislation.

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The Committee takes note of the Government's report and observes that, as the revision of the Labour Code has not been completed, there have been no new developments with regard to legislation since its last observation.

The Committee recalls the need to amend section 119 of the Labour Code which empowers the administration to intervene in the collective bargaining process, and sections 121 and 122 of the Labour Code concerning prior authorisation for the entry into force of collective agreements, in order to bring the legislation into conformity with Article 4 of the Convention.

The Committee trusts that the draft Labour Code prepared in 1988 with ILO assistance will be adopted in the near future since, as the Government recalls in its last report, the above-mentioned provisions are not reproduced in it. It asks the Government to indicate any progress made in this respect in its next report.

In addition, the Committee is addressing a request directly to the Government about maintaining the provision of the Labour Code that gives effect to Articles 1 and 2 of the Convention.

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The Committee notes the Government's report and recalls that its comments dealt with the following points:

- the powers of the administration to intervene in the collective bargaining process (section 119 of the Labour Code);

- prior authorisation for the coming into force of collective agreements (sections 121 and 122 of the Labour Code), contrary to Article 4 of the Convention.

In its previous observation, the Committee noted with interest that the draft Labour Code, the adoption of which would repeal the provisions noted above, constituted progress in the implementation of Article 4 of the Convention by conferring upon the Minister of Labour the role of describing the major government policies with the purpose of encouraging the parties concerned to take into account voluntarily factors of national interest (section 341(1) of the draft Labour Code).

The Committee notes that, according to the Government, the above draft has not yet been adopted. It hopes that a provision that is in conformity with the Convention will be adopted in the near future.

The Committee also drew the Government's attention to the need to maintain in the draft Code a provision comparable to section 37 of the current Labour Code, protecting workers against any act of anti-union discrimination and workers' organisations against any interference by an employer or organisations of employers, accompanied by civil remedies and penal sanctions.

The Committee welcomes the fact that the Government has noted its comment in this connection. It requests the Government to indicate in its next report the measures that have been taken to ensure that full effect is given to the Convention.