Effect given to the recommendations of the committee and the Governing Body - REPORT_NO342, June 2006

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

1. 25. At its November 2005 session, the Committee examined the substance of the case which concerns the dismissal of 40 workers, union officials and staff representatives following a strike at the Financial Bank Benin. The Committee requested the Government swiftly to conduct an independent and impartial inquiry in order to determine whether anti-union discrimination was indeed behind the dismissals carried out by the bank in August 2004 and whether national legislation giving effect to the Workers’ Representatives Convention, 1971 (No. 135), had been properly applied in that case, and to inform it of the outcome. The Committee also requested the Government to send it the text of the ruling of the court of first instance concerning the legality of the strike organized in August 2004 by the Union of Workers of the Financial Bank Benin (SYN.TRA.F.I.B) [see 338th Report, paras. 471-493].
2. 26. In a communication of 18 January 2006, the Government states that an inquiry will be conducted in order to ascertain the facts with regard to the discrimination to which some employees at the bank were allegedly subjected on the grounds of their trade union membership. The Government recalls, however, that the dismissal procedure for staff representatives is governed by sections 115 to 121 of the Labour Code (Act No. 98-004 of 27 January 1998). The issue of extending to union officials the protection accorded to staff representatives is currently being examined and will be taken into account during procedures to align the provisions in question with the ratified Conventions.
3. 27. The Committee notes this information and requests the Government to keep it informed of the outcome of the inquiry conducted into the alleged trade union discrimination to which some employees of the Financial Bank Benin were subjected. The Committee also reminds the Government of its request concerning the ruling of the Court of First Instance on the legality of the strike organized by the SYN.TRA.F.I.B in August 2004.