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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:

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. The Committee recalls that it has been commenting for a number of years on the need for the Government to take steps to amend the provisions of Act No. 4/92, which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (section 10(4) of Act No. 4/92);

–      the hiring of workers without consultation with the trade unions concerned to perform services essential to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92); and

–      compulsory arbitration for services which are not essential in the strict sense (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (postal, banking and loan services; section 11 of Act No. 4/92).

The Committee asks the Government to take steps to amend the abovementioned legislative provisions so as to bring the legislation into line with the Convention and to indicate, in its next report, any measures adopted in this respect. The Committee also asks the Government to indicate whether federations and confederations are able to exercise the right to strike.

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

Finally, noting that Law No. 4-2002 of 30 December 2002, allows requisition of workers in cases of strikes in non-essential services, the Committee requests the Government to take measures to modify the legislation so as to guarantee that the requisition of workers is only possible in the essential services in the strict sense of the terms.

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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:

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. The Committee recalls that it has been commenting for a number of years on the need for the Government to take steps to amend the provisions of Act No. 4/92, which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (section 10(4) of Act No. 4/92);

–      the hiring of workers without consultation with the trade unions concerned to perform services essential to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92); and

–      compulsory arbitration for services which are not essential in the strict sense (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (postal, banking and loan services; section 11 of Act No. 4/92).

The Committee asks the Government to take steps to amend the abovementioned legislative provisions so as to bring the legislation into line with the Convention and to indicate, in its next report, any measures adopted in this respect. The Committee also asks the Government to indicate whether federations and confederations are able to exercise the right to strike.

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 that no report has been received from the Government.

Article 2 of the Convention. Right of workers and employers without distinction to establish and join organizations of their own choosing. The Committee previously asked the Government to indicate whether public employees have the right to organize and to indicate the applicable provisions. In this respect, the Committee observes that section 9 of the Civil Service Regulations (Act No. 5/97) states that public officials and employees have the right to establish trade unions.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee recalls that it has been commenting for a number of years on the need for the Government to take steps to amend the provisions of Act No. 4/92, which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (section 10(4) of Act No. 4/92);

–      the hiring of workers without consultation with the trade unions concerned to perform services essential to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

–      compulsory arbitration for services which are not essential in the strict sense (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (postal, banking and loan services; section 11 of Act No. 4/92).

The Committee asks the Government to take steps to amend the abovementioned legislative provisions so as to bring the legislation into line with the Convention and to indicate, in its next report, any measures adopted in this respect.

Finally, the Committee also asks the Government to indicate whether federations and confederations are able to exercise the right to strike.

[The Government is asked to report in detail in 2009.]

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The Committee notes the Government’s report and regrets to note that it does not reply to the issued raised. The Committee notes that the World Confederation of Labour (WCL) and the General Union of Workers of Sao Tome and Principe (UGT-STP) sent comments on the application of the Convention which refer mainly to the outstanding issues.

The Committee recalls that it has been commenting for a number of years on the need for the Government to take steps to amend the provisions of Act No. 4/92 which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (section 10, paragraph 4, of Act No. 4/92);

–      the hiring of workers without consultation with trade unions concerned to perform services essential to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

–      compulsory arbitration for services which are not essential in the strict sense (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (postal, banking and loan services; section 11 of Act No. 4/92).

The Committee asks the Government to take steps to amend the abovementioned legislative provisions so as to bring the legislation into line with the Convention, and to inform it, in its next report, of any measures adopted in this regard.

The Committee asks the Government, once again, to state whether public employees have the right to organize, and to indicate the applicable provisions in this respect. Finally, the Committee also asks the Government to indicate whether federations and confederations are able to exercise the right to strike.

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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 observed that the World Confederation of Labour (WCL) and the General Union of Workers of Sao Tome and Principe (UGT-STP) sent comments on the application of the Convention. The Committee requests that the Government send its observations in this regard.

The Committee recalled that for many years it has been making comments on the need for the Government to take steps to amend the following provisions of Act No. 4/92 which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (paragraph 4 of section 10 of Act No. 4/92);

–      the hiring of workers to perform essential services in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

–      compulsory arbitration for services which are not deemed essential (postal, banking and loans services) (section 11 of Act No. 4/92).

The Committee reiterates its request to the Government to take steps to amend the above legislative provisions, in order to bring the legislation into conformity with the Convention and to inform it in its next report of any measures adopted in this regard.

Finally, the Committee once again asks the Government to state whether public employees have the right to organize and to indicate the applicable legislation in this matter and whether federations and confederations are able to exercise the right to strike.

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 regrets to note that it has not received the Government’s report. It observes that the World Confederation of Labour (WCL) and the General Union of Workers of Sao Tome and Principe (UGT-STP) sent comments on the application of the Convention. The Committee requests that the Government send its observations in this regard.

The Committee recalls that for many years it has been making comments on the need for the Government to take steps to amend the following provisions of Act No. 4/92 which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (paragraph 4 of section 10 of Act No. 4/92);

–      the hiring of workers to perform essential services in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

–      compulsory arbitration for services which are not deemed essential (postal, banking and loans services) (section 11 of Act No. 4/92).

The Committee reiterates its request to the Government to take steps to amend the above legislative provisions, in order to bring the legislation into conformity with the Convention and to inform it in its next report of any measures adopted in this regard.

Finally, the Committee once again asks the Government to state whether public employees have the right to organize and to indicate the applicable legislation in this matter and whether federations and confederations are able to exercise the right to strike.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 3 and 10 of the Convention. The Committee notes that, in its latest report, the Government states that the Ministry of Labour has set up a drafting group to draw up the General Labour Act. The Committee trusts that the group will take full account of its earlier observations concerning the following points:

-  the majority required for calling a strike is too high (section 4 of Act No. 4/92);

-  with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter should be settled by an independent body and not by the employer (paragraph 4 of section 10 of Act No. 4/92);

-  the hiring of workers to perform essential services in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

-  compulsory arbitration for services which are not deemed essential (postal, banking and loans services) (section 11 of Act No. 4/92).

The Committee further notes the Government’s statement that the Ministry of Labour planned to refer the matter of the exercise of the right to strike to the National Committee for Social Cooperation. The Committee hopes that this will be a step towards the amendment of the legislation in order to bring it into conformity with the Convention, and requests the Government to keep it informed of developments in this area.

Article 2. The Committee again asks the Government to state whether public employees have the right to organize and to indicate the applicable legislation.

Article 6. The Committee again asks the Government to state whether federations and confederations are able to exercise the right to strike.

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 takes note of the Government’s report. It notes the adoption of the new Constitution, Act No. 1/03, and of Act No. 4/2002 regulating the requisitioning of civilians and laying down the obligation to maintain minimum services in enterprises or establishments the purpose of which is to meet essential social needs.

1. Articles 3 and 10 of the Convention. The Committee notes that, in its report, the Government states that the Ministry of Labour has set up a drafting group to draw up the General Labour Act. The Committee trusts that the group will take full account of its earlier observations concerning the following points:

-  the majority required for calling a strike is too high (section 4 of Act No. 4/92);

-  with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter should be settled by an independent body and not by the employer (paragraph 4 of section 10 of Act No. 4/92);

-  the hiring of workers to perform essential services in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

-  compulsory arbitration for services which are not deemed essential (postal, banking and loans services) (section 11 of Act No. 4/92).

The Committee further notes the Government’s statement that the Ministry of Labour plans to refer the matter of the exercise of the right to strike to the National Committee for Social Cooperation. The Committee hopes that this will be a step towards the amendment of the legislation in order to bring it into conformity with the Convention, and requests the Government to keep it informed of developments in this area.

2. Article 2. The Committee again asks the Government to state whether public employees have the right to organize and to indicate the applicable legislation.

3. Article 6. The Committee again asks the Government to state whether federations and confederations are able to exercise the right to strike.

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The Committee notes with deep regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 2 of the Convention. With regard to public employees, the Committee asks the Government to state whether this category of workers has the right to organize and to indicate the applicable legislation.

2. Articles 3 and 10 (right of workers’ organizations to formulate their programmes to promote and protect workers’ interests without interference from the public authorities). The Committee points out that it has always been of the opinion that the right to strike is one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests (see General Survey on freedom of association and collective bargaining, 1994, paragraph 147).

Majority for calling a strike. The Committee notes that section 4 of Act No. 4/92 establishes that decisions on the calling of strikes must be adopted by a two-thirds majority of the workers present at the general assembly convened for the purpose. The Committee considers that the requirement of two-thirds of the workers is high and could be an obstacle to the exercise of the right to strike and that it would therefore be appropriate for the decision to be taken by a simple majority of the workers present at the assembly.

Minimum services. The Committee also notes that paragraph 4 of section 10 of Act No. 4/92 establishes that employers determine the minimum services after consulting the workers’ representative. In the Committee’s view, it would be more appropriate to provide that in the event of disagreement in determining such services, the matter should be settled by an independent body.

The Committee further notes that under paragraph 2 of section 9 of the Act, the Ministry in charge of labour administration may authorize the enterprise to hire workers to perform essential services, in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by the strike. Bearing in mind that the application of this provision could restrict the effectiveness of the strike as a means of pressure, the Committee considers that, in such cases, rather than authorizing the enterprise to hire workers to perform essential services, minimum services could be determined by negotiation in which the workers would participate along with the enterprise.

Essential services and compulsory arbitration. The Committee notes that, under section 11 of Act No. 4/92, compulsory arbitration applies to the essential services set out in section 10, which include postal services (c) and banking and loans (j), which are not essential services in the strict sense as explained by the Committee (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (see General Survey, paragraph 159). The Committee therefore asks the Government to take the necessary steps to ensure that workers in the postal, banking and loans services may exercise the right to strike.

Grounds for strike. Lastly, the Committee notes that, under section 1 of Act No. 4/92, the sole purpose of strikes is to safeguard the legitimate occupational and social interests of workers and the interests of the national economy. In the view of the Committee, organizations responsible for defending workers’ socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see General Survey, paragraph 165).

The Committee asks the Government to state whether strikes are allowed as a means of seeking solutions to economic and social policy questions which are of direct concern to the worker.

Article 6. The Committee asks the Government to state whether the right to strike also applies to federations and confederations.

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 with regret that for the fourth consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 2 of the Convention. With regard to public employees, the Committee asks the Government to state whether this category of workers has the right to organize and to indicate the applicable legislation.

2. Articles 3 and 10 (right of workers’ organizations to formulate their programmes to promote and protect workers’ interests without interference from the public authorities). The Committee points out that it has always been of the opinion that the right to strike is one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests (see General Survey on freedom of association and collective bargaining, 1994, paragraph 147).

Majority for calling a strike. The Committee notes that section 4 of Act No. 4/92 establishes that decisions on the calling of strikes must be adopted by a two-thirds majority of the workers present at the general assembly convened for the purpose. The Committee considers that the requirement of two-thirds of the workers is high and could be an obstacle to the exercise of the right to strike and that it would therefore be appropriate for the decision to be taken by a simple majority of the workers present at the assembly.

Minimum services. The Committee also notes that paragraph 4 of section 10 of Act No. 4/92 establishes that employers determine the minimum services after consulting the workers’ representative. In the Committee’s view, it would be more appropriate to provide that in the event of disagreement in determining such services, the matter should be settled by an independent body.

The Committee further notes that under paragraph 2 of section 9 of the Act, the Ministry in charge of labour administration may authorize the enterprise to hire workers to perform essential services, in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by the strike. Bearing in mind that the application of this provision could restrict the effectiveness of the strike as a means of pressure, the Committee considers that, in such cases, rather than authorizing the enterprise to hire workers to perform essential services, minimum services could be determined by negotiation in which the workers would participate along with the enterprise.

Essential services and compulsory arbitration. The Committee notes that, under section 11 of Act No. 4/92, compulsory arbitration applies to the essential services set out in section 10, which include postal services (c) and banking and loans (j), which are not essential services in the strict sense as explained by the Committee (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (see General Survey, paragraph 159). The Committee therefore asks the Government to take the necessary steps to ensure that workers in the postal, banking and loans services may exercise the right to strike.

Grounds for strike. Lastly, the Committee notes that, under section 1 of Act No. 4/92, the sole purpose of strikes is to safeguard the legitimate occupational and social interests of workers and the interests of the national economy. In the view of the Committee, organizations responsible for defending workers’ socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see General Survey, paragraph 165).

The Committee asks the Government to state whether strikes are allowed as a means of seeking solutions to economic and social policy questions which are of direct concern to the worker.

Article 6. The Committee asks the Government to state whether the right to strike also applies to federations and confederations.

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 with regret that, for the third year in succession, 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 comments, which dealt with the following.

1.  Article 2 of the Convention.  With regard to public employees, the Committee asks the Government to state whether this category of workers has the right to organize and to indicate the applicable legislation.

2.  Articles 3 and 10 (right of workers’ organizations to formulate their programmes to promote and protect workers’ interests without interference from the public authorities).  The Committee points out that it has always been of the opinion that the right to strike is one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests (see General Survey on freedom of association and collective bargaining, 1994, paragraph 147).

  Majority for calling a strike.  The Committee notes that section 4 of Act No. 4/92 establishes that decisions on the calling of strikes must be adopted by a two-thirds majority of the workers present at the general assembly convened for the purpose. The Committee considers that the requirement of two-thirds of the workers is high and could be an obstacle to the exercise of the right to strike and that it would therefore be appropriate for the decision to be taken by a simple majority of the workers present at the assembly.

  Minimum services.  The Committee also notes that paragraph 4 of section 10 of Act No. 4/92 establishes that employers determine the minimum services after consulting the workers’ representative. In the Committee’s view, it would be more appropriate to provide that in the event of disagreement in determining such services, the matter should be settled by an independent body.

The Committee further notes that under paragraph 2 of section 9 of the Act, the Ministry in charge of labour administration may authorize the enterprise to hire workers to perform essential services, in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by the strike. Bearing in mind that the application of this provision could restrict the effectiveness of the strike as a means of pressure, the Committee considers that, in such cases, rather than authorizing the enterprise to hire workers to perform essential services, minimum services could be determined by negotiation in which the workers would participate along with the enterprise.

  Essential services and compulsory arbitration.  The Committee notes that, under section 11 of Act No. 4/92, compulsory arbitration applies to the essential services set out in section 10, which include postal services (c) and banking and loans (j), which are not essential services in the strict sense as explained by the Committee (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (see General Survey, op. cit., paragraph 159). The Committee therefore asks the Government to take the necessary steps to ensure that workers in the postal, banking and loans services may exercise the right to strike.

  Grounds for strike.  Lastly, the Committee notes that, under section 1 of Act No. 4/92, the sole purpose of strikes is to safeguard the legitimate occupational and social interests of workers and the interests of the national economy. In the view of the Committee, organizations responsible for defending workers’ socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see General Survey, op. cit., paragraph 165).

The Committee asks the Government to state whether strikes are allowed as a means of seeking solutions to economic and social policy questions which are of direct concern to the worker.

  Article 6.  The Committee asks the Government to state whether the right to strike also applies to federations and confederations.

The Committee hopes that in its next report the Government will provide information on the questions it has raised.

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The Committee notes with regret that, for the second year in succession, the Government's report has not been received.

The Committee recalls that its previous comments dealt with the following:

1. Article 2 of the Convention. With regard to public employees, the Committee asks the Government to state whether this category of workers has the right to organize and to indicate the applicable legislation.

2. Articles 3 and 10. Right of workers' organizations to formulate their programmes to promote and protect workers' interests without interference from the public authorities. The Committee points out that it has always been of the opinion that the right to strike is one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests (see General Survey on freedom of association and collective bargaining, 1994, paragraph 147).

Majority for calling a strike. The Committee notes that section 4 of Act No. 4/92 establishes that decisions on the calling of strikes must be adopted by a two-thirds majority of the workers present at the general assembly convened for the purpose. The Committee considers that the requirement of two-thirds of the workers is high and could be an obstacle to the exercise of the right to strike and that it would therefore be appropriate for the decision to be taken by a simple majority of the workers present at the assembly.

Minimum services. The Committee also notes that paragraph 4 of section 10 of Act No. 4/92 establishes that employers determine the minimum services after consulting the workers' representative. In the Committee's view, it would be more appropriate to provide that in the event of disagreement in determining such services, the matter should be settled by an independent body.

The Committee further notes that under paragraph 2 of section 9 of the Act, the Ministry in charge of labour administration may authorize the enterprise to hire workers to perform essential services, in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by the strike. Bearing in mind that the application of this provision could restrict the effectiveness of the strike as a means of pressure, the Committee considers that, in such cases, rather than authorizing the enterprise to hire workers to perform essential services, minimum services could be determined by negotiation in which the workers would participate along with the enterprise.

Essential services and compulsory arbitration. The Committee notes that, under section 11 of Act No. 4/92, compulsory arbitration applies to the essential services set out in section 10, which include postal services (c) and banking and loans (j), which are not essential services in the strict sense as explained by the Committee (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (see General Survey, op. cit., paragraph 159). The Committee therefore asks the Government to take the necessary steps to ensure that workers in the postal, banking and loans services may exercise the right to strike.

Grounds for strike. Lastly, the Committee notes that, under section 1 of Act No. 4/92, the sole purpose of strikes is to safeguard the legitimate occupational and social interests of workers and the interests of the national economy. In the view of the Committee, organizations responsible for defending workers' socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see General Survey, op. cit., paragraph 165).

The Committee asks the Government to state whether strikes are allowed as a means of seeking solutions to economic and social policy questions which are of direct concern to the worker.

Article 6. The Committee asks the Government to state whether the right to strike also applies to federations and confederations.

The Committee hopes that in its next report the Government will provide information on the questions it has raised.

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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 dealt with the following:

Article 2 of the Convention

With regard to public employees, the Committee asks the Government to state whether this category of workers has the right to organize, as required by Article 2 of the Convention, and to indicate the applicable legislation.

Articles 3 and 10 of the Convention. Right of workers' organizations to formulate their programmes to promote and protect workers' interests without interference from the public authorities.

The Committee points out that it has always been of the opinion that the right to strike is one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests (see General Survey on freedom of association and collective bargaining, 1994, paragraph 147).

Majority for calling a strike

The Committee notes that section 4 of Act No. 4/92 establishes that decisions on the calling of strikes must be adopted by a two-thirds majority of the workers present at the general assembly convened for the purpose. The Committee considers that the requirement of two-thirds of the workers is high and could be an obstacle to the exercise of the right to strike and that it would therefore be appropriate for the decision to be taken by a simple majority of the workers present at the assembly.

Minimum services

The Committee also notes that paragraph 4 of section 10 of Act No. 4/92 establishes that employers determine the minimum services after consulting the workers' representative. In the Committee's view, it would be appropriate to provide that in the event of disagreement in determining such services, the matter should be settled by an independent body.

The Committee further notes that under paragraph 2 of section 9 of the Act the Ministry in charge of labour administration may authorise the enterprise to hire workers to perform essential services, in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by the strike. Bearing in mind that the application of this provision could restrict the effectiveness of the strike as a means of pressure, the Committee considers that in such cases, rather than authorizing the enterprise to hire workers to perform essential services, minimum services could be determined by negotiation in which the workers would participate along with the enterprise.

Essential services and compulsory arbitration

The Committee notes that under section 11 of Act No. 4/92, compulsory arbitration applies to the essential services set out in section 10, which include postal services (c) and banking and loans (j), which are not essential services in the strict sense as explained by the Committee (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (see General Survey, op. cit., paragraph 159). The Committee therefore asks the Government to take the necessary steps to ensure that workers in the postal, banking and loans services may exercise the right to strike.

Grounds for strike

Lastly, the Committee notes that under section 1 of Act No. 4/92, the sole purpose of strikes is to safeguard the legitimate occupational and social interests of workers and the interests of the national economy. In the view of the Committee, organizations responsible for defending workers' socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see General Survey, op. cit., paragraph 165).

The Committee asks the Government to state whether strikes are allowed as a means of seeking solutions to economic and social policy questions which are of direct concern to the worker.

Article 6 of the Convention

The Committee asks the Government to state whether the right to strike also applies to federations and confederations.

The Committee hopes that in its next report the Government will provide information on the questions it has raised.

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The Committee notes the detailed information supplied by the Government in its first report on the application of the Convention, and responds with the following comments:

Article 2 of the Convention

With regard to public employees, the Committee asks the Government to state whether this category of workers has the right to organize, as required by Article 2 of the Convention, and to indicate the applicable legislation.

Articles 3 and 10 of the Convention. Right of workers' organizations to formulate their programmes to promote and protect workers' interests without interference from the public authorities.

The Committee reminds the Government that the right to strike is one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests (see General Survey on Freedom of Association and Collective Bargaining, 1994, paragraph 147).

Majority for calling a strike

The Committee notes that section 4 of Act No. 4/92 establishes that decisions on the calling of strikes must be adopted by a two-thirds majority of the workers present at the general assembly convened for the purpose. The Committee considers that the requirement of two-thirds of the workers is high and could be an obstacle to the exercise of the right to strike and that it would therefore be appropriate for the decision to be taken by a simple majority of the workers present at the assembly.

Minimum services

The Committee also notes that paragraph 4 of section 10 of Act No. 4/92 establishes that employers determine the minimum services after consulting the workers' representative. In the Committee's view, it would be appropriate to provide that in the event of disagreement in determining such services, the matter should be settled by an independent body.

The Committee further notes that under paragraph 2 of section 9 of the Act the Ministry in charge of labour administration may authorise the enterprise to hire workers to perform essential services, in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by the strike. Bearing in mind that the application of this provision could restrict the effectiveness of the strike as a means of pressure, the Committee considers that in such cases, rather than authorizing the enterprise to hire workers to perform essential services, minimum services could be determined by negotiation in which the workers would participate along with the enterprise.

Essential services and compulsory arbitration

The Committee notes that under section 11 of Act No. 4/92, compulsory arbitration applies to the essential services set out in section 10, which include postal services (c) and banking and loans (j), which are not essential services in the strict sense as explained by the Committee (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (see 1994 General Survey, paragraph 159). The Committee therefore asks the Government to take the necessary steps to ensure that workers in the postal, banking and loans services may exercise the right to strike.

Grounds for strike

Lastly, the Committee notes that under section 1 of Act No. 4/92, the sole purpose of strikes is to safeguard the legitimate occupational and social interests of workers and the interests of the national economy. In the view of the Committee, organizations responsible for defending workers' socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see op. cit., paragraph 165).

The Committee asks the Government to state whether strikes are allowed as a means of seeking solutions to economic and social policy questions which are of direct concern to the worker.

Article 6 of the Convention

The Committee asks the Government to state whether the right to strike also applies to federations and confederations.

The Committee hopes that in its next report the Government will provide information on the questions it has raised.

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The Committee notes with satisfaction that section 15 of Act No. 5/92 on trade unions, promulgated on 10 March 1992 -- the year in which the Convention was ratified -- repeals all legislation on workers' and employers' organizations, including Act No. 1/91 which established the monopoly of one confederation mentioned in the Act and that the new Act ensures the possibility of trade union pluralism.

The Committee raises other points in a direct request.