Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous direct request, which read as follows:

1. In its previous direct request, the Committee asked the Government to indicate whether self-employed or independent workers, particularly in the informal and agricultural sectors, who are excluded from the scope of application of the Labour Code, enjoy the trade union rights afforded by the Convention and, if so, to specify the legal basis. The Committee notes the Government’s indication in its report that self-employed and independent workers enjoy the trade union rights guaranteed by the Constitution. The Committee requests the Government to specify the legal provisions which afford protection to self-employed and independent workers against acts of interference and anti-union discrimination and which guarantee the right to collective bargaining of their representatives. The Committee also requests the Government to provide copies, if any, of collective agreements concluded by representative organizations of self-employed or independent workers.

2. The Committee previously requested the Government to reply to the observations made by the Free Workers Union of Senegal (UTLS), which indicated that it had been excluded from consultations between the State and trade union organizations, thereby preventing it from participating in bipartite or tripartite collective negotiations. The Committee had noted the Government’s request to the UTLS to specify its allegations and its indication that bipartite and tripartite consultations are open to all the trade union organizations concerned. The Committee noted the communication dated 29 August 2008 of the International Trade Union Confederation (ITUC), reporting the blocking of bargaining in certain sectors by the authorities, including the education sector, and unilateral changes in the provisions of the National Charter on Social Dialogue of 2002. The Committee trusts that the Government will spare no effort to encourage and promote the broadest possible development and utilization of collective bargaining, as required by the Convention, and it requests the Government to provide its replies to the ITUC’s observations.

3. Right of collective bargaining in practice. The Committee previously requested the Government to provide general information on the application of the Convention. It noted the indication that collective agreements have recently been signed in several sectors, including the inter-occupational accord of 2005 on retirement at 60 years of age, the accord of 2006 on the annexes containing job classifications in the building and public works sector and the accord of 2007 on retirement in the banking and insurance sector. The Committee requests the Government to indicate all collective agreements which have been concluded and the sectors and number of workers covered.

Finally, the Committee requests the Government to send its observations on the comments submitted in 2010 by the ITUC.