Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous observations, the Committee takes note of the Government's reports, as well as of the written and oral information supplied to the Conference Committee in June 1991 and the discussion which took place there.

The Committee recalls that its comments have for a number of years concerned the following points:

- the absence of specific legislative provisions accompanied by sufficiently effective and dissuasive sanctions to protect workers against acts of anti-union discrimination at the time of recruitment or during the employment relationship (Article 1 of the Convention);

- similarly, the absence of sufficiently detailed legislative provisions to protect workers' organizations against acts of interference by employers or their organizations (Article 2);

- the restriction on free collective bargaining whereby only federations covering at least 20 provinces and grouping a large number of trade unions may conclude collective agreements, which is contrary to Article 4.

1. Protection against acts of anti-union discrimination. The Committee notes that the Government repeats its previous statements that the current legislative provisions provide sufficient protection at the time of recruitment and during the employment relationship. The Committee notes from the Government's report that the Circular Letter of the Director-General of Industrial Relations and Manpower Protection No. 113/M/BW/90 provides that the termination of employment connected with the establishment, membership and management of a trade union will not be permitted. It also notes that section 11(1) of Act No. 14/1969 states that "Every worker has the right to establish and become a member of a trade union" and that Ministerial Decision No. 120 of 1988 constitutes a "Code of Conduct" rather than a statutory protection of sufficiently dissuasive force. The Committee once again draws the Government's attention to the wording of Article 1 of the Convention, which refers to "adequate" protection against anti-union discrimination. In the Committee's opinion, the current compensation provisions alone are not sufficient to ensure such adequate protection and requests once again the Government to take appropriate measures accompanied by sufficiently effective and dissuasive sanctions so that workers can exercise their trade union rights without fear of anti-trade union reprisals. It would ask the Government to indicate in its next report the legislative provisions, especially concerning possible discrimination at the time of recruitment and during employment.

2. Protection of workers' organizations against acts of interference by employers. The Committee notes that the Government maintains that the legislation, the Code of Conduct, the workers' organizations' own rules and the checkoff arrangements eliminate the possibility of interference by employers. The Committee also notes that Ministerial Decision No. 1109/MEN/1986 has been revised by Ministerial Decision No. 438/1992, which provides that an employer will not be allowed to take any action which would prove disadvantageous to the workers in relation to their activities, as well as to the membership and management of a trade union at the enterprise level. It requests the Government to provide information on how the provisions of this Ministerial Decision as well as of the Code of Conduct are applied in practice, and on indications of any progress made towards strengthening the legislation on this point.

3. Restrictions on collective bargaining. The Committee notes that, according to the information provided to the Conference Committee, Ministerial Regulation No. 05/MEN/1987 (which does not substantially change the system for registration of trade unions and federations, and thus makes it difficult for them to be able to bargain) is to be reviewed. The Committee thus requests the Government to inform it in its next report of progress in reviewing this legislation so as to allow free collective bargaining in conformity with the Convention.