Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It further notes the comments submitted by the International Trade Union Confederation (ITUC), which refer to matters already under examination, as well as to extremely serious and numerous acts of anti-union discrimination and interference – including instances where employers had violated trade union rights with impunity – and obstacles to collective bargaining. The Committee requests the Government to provide its observations.

Articles 1 and 3 of the Convention. In previous comments, the Committee had noted that in Case No. 2443 the Committee on Freedom of Association had referred to the need for appropriate legal protection against acts of anti-union discrimination, including sufficiently dissuasive sanctions, and had requested the Government to inform it of the measures adopted in order to modify the legislation so as to provide for such sanctions. In this connection, the Committee notes with regret that the Government provides no information concerning this matter. The Committee once again requests the Government to take the steps necessary to provide adequate protection in its legislation against all acts of anti-union discrimination, including by means of sufficiently dissuasive sanctions.

Article 4. Recognition of trade unions for purposes of collective bargaining. The Committee takes note of Prakas No. 13 of 2004, which lays down the procedure for granting most representative status to professional organizations at the enterprise or institutional level. The Committee notes in particular that section 1 of Prakas No. 13 provides that the Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation (MOSALVY) may refuse to grant most representative status to a trade union when an objection is put forward from a member of the Labour Advisory Committee, or from enterprises, institutions, or a concerned third party. The Committee considers, in this respect, that permitting the objections of third parties as grounds for refusing a union most representative status runs counter to the principle of promoting collective bargaining expressed in Article 4 of the Convention. It requests the Government to amend section 1 of Prakas No. 13 accordingly, and to keep it informed of the progress made in this respect.

Articles 4 and 6. Public servants. The Committee had previously noted that, according to section 1 of the Labour Law, certain categories of workers, which include persons appointed to a temporary or a permanent post in the public service, are not covered by this legislation. It had further noted that the Committee on Freedom of Association (see 334th Report, paragraphs 202–226) had requested the Government to take the necessary measures to amend the Common Statutes of Civil Servants so as to guarantee the right to collective bargaining of civil servants not engaged in the administration of the State, and requested the Government to indicate whether the categories of workers in question benefit from the guarantees provided for in the Convention under other legal provisions and, if not, to take the necessary measures in order to ensure the application of the Convention to these categories of workers. In this regard the Committee notes with regret the Government’s statement that the rights of judges, teachers, and temporary and permanently appointed officials in the public service are provided for by separate laws pertaining to public ministries or institutions, and that it was unable therefore to amend the labour law in accordance with the Committee’s previous comments. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the laws pertaining to all public sector workers, so as to ensure the right to collective bargaining for all public servants, with the exception of those engaged in the administration of the State.

Finally, the Committee takes note of the Government’s indication that it is preparing amendments to the labour law with the assistance of the ILO. The Committee expresses the hope that these amendments will bring the national legislation into full conformity with the Convention, in accordance with its comments above, and requests the Government to keep it informed of developments in this regard.