CMNT_TITLE

CMNT_TITLE

The Committee notes the information provided by the Government. With regard to the first aspect of the comments made by the Single Confederation of Workers (CUT) to the effect that on the basis of certain court rulings the employers have been able to challenge the functions of the leaders of a trade union when they exceeded 24 in number, with those above this number being left devoid of legal protection in relation to freedom of association, the Committee considers that the situation described is not contrary to the provisions of the Convention.

With regard to the comment that Act No. 9958/00, establishing prior conciliation commissions, does not set out protection for workers who are members of such commissions, the Committee notes that section 625-B of the above Act, in subsection 1 respecting commissions created within the enterprise, prohibits the dismissal of workers’ representatives who are members of the commissions, whether they are titular or substitute members, for up to one year following the expiry of their mandate. Section 625-C provides that commissions established within the context of a trade union shall be governed by the provisions of a collective agreement, thereby allowing for such protection to be determined by agreement between the parties.

Finally, with regard to the comment that the trade unions have no possibility to control such commissions, the Committee notes that there is nothing to prevent workers holding trade union office from standing as workers’ representatives in the elections to these commissions.

CMNT_TITLE

The Committee notes the information sent by the Single Confederation of Workers (CUT) in a communication of 10 October 2002, raising questions on the application of the Convention. The Committee requests the Government to send its observations in this respect as regards the content of the Convention so that it may examine these questions at its next meeting.

CMNT_TITLE

The Committee notes the detailed information supplied by the Government in its report. It notes in particular that under article 11 of the 1988 Constitution the election of a representative is mandatory in enterprises with more than 200 workers, but not in enterprises with less than 200 workers, although it is not forbidden. The Committee expresses the hope that specific provisions will be adopted to apply the Articles of the Convention not only in enterprises with more than 200 workers but also in smaller enterprises, setting out for both types of enterprise reasonable criteria as to the number of representatives, so as to ensure that the Convention is better applied.

With regard to the formalities concerning draft legislation on trade unions and workers' representatives in the enterprise, and on collective bargaining, the Committee again asks the Government to keep it informed of any developments in this respect and to send copies of the texts once they have been adopted.

CMNT_TITLE

The Committee notes the information supplied by the Government in its first report on the application of the Convention.

Article 1

With regard to effective protection for workers' representatives in the undertaking against any act prejudicial to them, the Committee asks the Government to indicate whether workers' representatives are protected by law against dismissal for trade union reasons.

Article 2

The Committee asks the Government to provide information on the facilities provided for in Article 2 of the Convention which are in practice afforded to workers' representatives by law, collective agreement or in any other manner, such as the following which are set out in Recommendation No. 143: facilities to enable them to carry out their functions promptly and efficiently; the necessary time off without loss of pay to carry out their duties as representatives in the enterprise; access to the management of the enterprise; the right to attend meetings; authorization to post trade union notices; the material facilities and information necessary for the exercise of their functions.

Article 4

The Committee observes that article 11 of the Constitution provides that in enterprises with more than 200 employees a representative shall be elected for the sole purpose of promoting direct understanding with the employers. While noting that Article 4 of the Convention allows a degree of flexibility in determining workers' representatives, the Committee stresses the importance of applying reasonable criteria for guaranteeing that the protection and facilities provided for in the Convention are not denied to workers' representatives in enterprises with less than 200 employees (which can on no account be considered a reasonable number) in which there are no trade unions.

In these circumstances, the Committee asks the Government to specify what type of representation is possible in enterprises with fewer than 200 workers where no trade unions exist, indicating any protection and facilities that may be provided for such representatives.

Lastly, the Committee notes from the information provided by the Government that two Bills have been submitted to the Congress, one concerning trade union organization and workers' representation in the enterprise and the other, collective bargaining. The Committee asks the Government to keep it informed of the progress of these Bills in Parliament and to provide copies of them as soon as they are adopted.