Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, as well as Act No. 017/PR/2001 of 31 December 2001 issuing the General Public Service Regulations. The Committee requests the Government to transmit the implementing decree of this Act, adopted on 23 June 2003.

Article 1 of the Convention. Scope of application of the Convention. The Committee notes that section 3 of the Act issuing the General Public Service Regulations excludes from its scope of application local government officials and officials in public establishments and auxiliary personnel employed by the administration governed by a particular text, and provides that the regulations governing such staff are determined by particular laws. In this regard, it recalls that under Article 1 of the Convention only high-level employees whose functions are normally considered as policy-making or managerial, or employees whose duties are of a highly confidential nature, members of the armed forces and the police shall be excluded from the scope of application of the Convention. The Committee requests the Government to indicate whether the text of the special regulations governing these public employees grants them the rights and guarantees provided for in the Convention. The Committee also requests the Government to provide the text of the acts containing the special regulations governing bodies of public employees, as well as the general collective agreements of 1958 and 1971.

Article 4. Protection against acts of discrimination. The Committee notes that "The State shall not take into consideration membership of a trade union organization when taking disciplinary measures against public employees" and that "public employees may not be discriminated against owing to their trade union opinions" (article 10 of Act No. 17 issuing the General Public Service Regulations). The Committee notes, however, that the regulations do not contain any provisions on protection against discrimination owing to trade union activities. The Committee requests the Government to take measures to ensure that the legislation includes specific provisions ensuring appropriate protection against discrimination owing to trade union activities.

Article 5. Acts of interference. The Committee notes that the General Public Service Regulations do not contain any provision prohibiting acts of interference by the public authorities with regard to the internal affairs of trade unions. The Committee requests the Government to take measures to ensure that the legislation includes specific provisions ensuring adequate protection for organizations against any acts of interference by a public authority in their establishment, functioning or administration.

Article 6. Facilities to be afforded to the workers’ representatives. The Committee notes that with regard to the public sector the Government states that the representatives of recognized public employees’ organizations freely carry out their functions during working hours and at other times but that, for the moment, no text exists which expressly affords them these facilities. The Committee requests the Government to take measures in order to ensure, through the legislation or by other means, that facilities are afforded to the representatives of recognized public employees’ organizations, in order to allow them to perform their functions quickly and efficiently both during working hours and at other times.

Article 7. Procedures for determining terms and conditions of employment. The Committee notes the conditions of recruitment and access to the public service envisaged under Act No. 17 issuing the General Public Service Regulations (sections 36 to 40). It also notes the provisions covering advisory bodies (sections 27 to 30 of Act No. 17 issuing the General Public Service Regulations) that cover various issues (pay, conditions of employment, etc). The Committee requests the Government to specify the composition of these bodies, in particular with regard to the representatives of the trade union organizations. The Committee also requests the Government to provide information on any consultations carried out or any agreements concluded with public service trade union organizations in the last few years.

Article 8. Settlement of disputes. The Committee notes in this regard that, according to the Government, as they stand, the texts do not envisage any provision concerning this issue and this issue might be addressed by the implementing texts of the Act. The Committee requests the Government to take measures to ensure that negotiations between the parties or an impartial procedure, guaranteeing independence and impartiality and inspiring the confidence of the parties concerned (such as mediation, conciliation or arbitration), are employed with a view to settling disputes arising from the determination of the employment conditions of public employees.

The Committee hopes that the Government will take into account all of its comments and requests it to keep it informed of any legislative text, including the implementing texts of Act No. 17 issuing the General Public Service Regulations, or measures adopted to give effect to the provisions of the Convention.