Effect given to the recommendations of the committee and the Governing Body - REPORT_NO332, November 2003

Effect given to the recommendations of the Committee and the Governing Body

1. 90. The Committee examined this case at its November 2002 meeting [see 329th Report, paras. 653-687] and on that occasion it formulated the following recommendations:
   • – Recalling the importance which it attaches to the obligation for all parties to negotiate in good faith, the Committee requests the Government to adopt the necessary measures to ensure that the Tengizchevroil company bargains in good faith with the Trade Union of TCO Workers in accordance with the legislation on the deduction of trade union dues and to keep it informed in this regard.
   • – The Committee requests the Government to ensure that reasonable access to workplaces of trade union members at Tengizchevroil is ensured.
   • – Regarding the allegations of the forming of “yellow” trade unions at Tengizchevroil, the Committee requests the Government to initiate the relevant inquiries into these allegations and to keep it informed of the outcome.
   • – The Committee urges the Government to take all the necessary measures without delay to ensure that the TCO administration withdraws the instructions contained in the Manual, which provide that the HRM labour relations coordinator shall be present at all meetings of trade union representatives and workers at TCO and that representatives of the administration of TCO may also attend these meetings, and that the Trade Union of TCO Workers be guaranteed the right to carry out its legitimate trade union activities, in particular the right to hold meetings without interference from the management. The Committee requests the Government to keep it informed of any measures taken to that.
   • – The Committee requests the Government and the complainant organization to keep it informed of the outcome of the proposed trade union conference.
2. 91. In its communication of 21 May 2003, the Government states that there are currently three associations representing workers at the Tengizchevroil company. It further states that the management of the undertaking has carried out a survey among workers to ascertain trade union membership. According to the survey, 9 per cent are not members of any organization, 85 per cent of the workers belong to the Workers’ Association (a non-trade union association), 5 per cent are members of the Independent Trade Union and only 1 per cent consider themselves to be members of the complainant organization. The Government further states that a collective agreement for 2003-05 was concluded at the enterprise and that negotiations with the management involved all workers’ organizations. The collective agreement was signed on behalf of the Tengizchevroil workers by the Tengizchevroil Workers’ Association and the Independent Trade Union. Finally, the Government states that a new chairperson of the Trade Union Of TCO Workers was recently elected and that the management of the company is giving help and support to the new chairperson in order to ensure that the union can continue to operate. The Government concludes by stating that no obstacles to the activities of trade union organizations and no complaints have been received from workers or members of the company unions.
3. 92. The Committee notes the Government’s communication. As concerns trade union membership at the Tengizchevroil company, the Committee notes that according to the survey conducted by the management of the undertaking, the complainant organization represent only 1 per cent of workers. The Committee observes, from the complainant’s initial allegations, that in April 2002, it represented 973 workers out of 2,625 employed by the enterprise. The Committee requests the Government to provide clarifications on this matter and trusts that any survey in this regard is conducted by an independent body.
4. 93. The Committee further notes the Government’s statement concerning the new collective agreement. The Committee notes that although the complainant organization has also participated in the negotiations, it is not a signatory of the collective agreement contrary to the two other organizations. The Committee notes that the complainant had previously alleged that the organizations, signatories of the new collective agreements are “yellow” trade unions and are more suitable to the employer. The Committee therefore regrets that no information is provided by the Government as to whether relevant independent inquiries into the allegations of creation of a “yellow” trade unions were conducted. The Committee once again requests the Government to provide information in this respect.
5. 94. The Committee also regrets that no information is provided as concerns the Committee’s recommendations to take the necessary measures to ensure that the Tengizchevroil company bargains in good faith with the Trade Union of TCO Workers in accordance with the legislation on the deduction of trade union dues and that a reasonable access of trade union members to workplaces is ensured to the complainant organization. The Committee requests the Government to keep it informed in this respect. Furthermore, the Committee once again urges the Government to take all the necessary measures without delay to ensure that the TCO administration withdraws the instructions contained in the manual, which provide that the HRM labour relations coordinator shall be present at all meetings of trade union representatives and workers at TCO and that representatives of the administration of TCO may also attend these meetings, as well as that the Trade Union of TCO Workers be guaranteed the right to carry out its legitimate trade union activities, in particular the right to hold meetings without interference from the management.