Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Armenia (Ratification: 2006)

Other comments on C087

Observation

Direct Request

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The Committee notes the observations from the International Organisation of Employers (IOE) in a communications received on 1 September 2016, which are of a general nature. It further notes observations of the Republican Union of Employers of Armenia (RUEA) and of the Confederation of Trade Unions of Armenia (CTUA) transmitted with the Government’s report, referring to the issues raised by the Committee below.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee had previously requested the Government to take the necessary measures to amend the Constitution and the Law on Trade Unions so as to ensure that the following categories of workers could establish and join organizations of their own choosing: (i) employees of the Prosecutor’s Office, judges and members of the Constitutional Court; (ii) civilians employed by the police and security service; (iii) self-employed workers; (iv) those working in liberal professions; and (v) workers in the informal economy.

The Committee notes the Government’s indication that the staff of the Constitutional Court have established a trade union affiliated to the Republican Sectoral Trade Union of State Institutions, Local Authorities and Public Services in Armenia. With regard to members of the Constitutional Court, the Government explains that because the Law on the Constitutional Court guarantees financial and social independence to their members (by establishing in its section 12 that the state provides with adequate living and working conditions), there is no need for establishing a trade union representing members of the Court. Referring to Article 9 of the Convention, the Government further reiterates that police and security public servants cannot establish trade unions and that their rights are protected by relevant laws. With regard to the informal sector, the Government indicates that workers engaged in this sector cannot be members of trade unions as pursuant to section 102 of the Labour Code, working without a labour contract is illegal. Regarding the right to organize of self-employed persons, the Government indicates that no solution has been proposed by the social partners in this respect and that technical assistance of the ILO is thus necessary. The Committee recalls that the right to organize should be guaranteed without distinction, to all workers, including to all public servants and officials, judges, self-employed, those working in liberal professions and workers in the informal economy, and that the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. With regard to the latter, the Committee considers that civilians employed in such services, should be granted the right to establish organizations. The Committee therefore once again requests the Government to amend its constitutional and legislative provisions so as to ensure that employees of the Prosecutor’s Office, judges, members of the Constitutional Court, civilians employed by the police and security service, self employed workers, those working in liberal professions, and workers in the informal economy can establish organizations for furthering and defending their interests. Noting that the Government has requested technical assistance of the Office to address this matter, the Committee expects that the Government’s next report will contain information on the measures taken to bring the legislation into conformity with Article 2 of the Convention.

Articles 2 and 3. Right to establish organizations without previous authorization and right of these organizations to organize their administration and activities in full freedom. The Committee recalls that it had previously requested the Government to amend:

-section 4 of the Law on Employers’ Organizations and section 2 of the Law on Trade Unions so as to lower the minimum membership requirements set for the establishment of organizations at the national, sectoral and territorial levels;
-sections 13(2)(1) and 14 of the Law on Employers’ Organizations, which regulate in detail matters that should be decided upon by organizations themselves (such as the obligatory use of the words “employers’ union” for all employers’ organizations and “Armenia” for a national organization and the rights and responsibilities of the congress of an employers’ organization);
-section 74(1) of the Labour Code, which requires a vote by two-thirds of an organization’s (enterprise’s) employees to declare a strike (or a vote by two thirds of employees of the subdivision if a strike is declared by a subdivision of an organization, as the case may be), so as to ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level;
-section 77(2) of the Code, according to which, minimum services are determined by the corresponding state and local self-governance entities, so as to ensure that social partners are able to participate in the definition of what constitutes a minimum service.

The Committee notes the Government’s indication that tripartite consultations and discussions are still ongoing, and that no agreement has been reached by the social partners on the issues outlined above. The Government indicates that the RUEA suggested to establish a tripartite working group to discuss these issues, and requests technical assistance of the Office in this regard. Recalling that the suggestion to establish a working group was first noted by the Committee in 2013, the Committee trusts that such a tripartite working group will be established without further delay. Noting that technical assistance of the Office was requested to address this matter, the Committee expects that the Government’s next report will contain information on the measures taken to bring its legislation into full conformity with the Convention.

The Committee had previously requested the Government to clarify the meaning of section 20(3) of the Law on Employers’ Organizations concerning liquidation and restructuring of employers’ organizations, according to which “restructuring of an employers’ organization shall not be allowed”. The Committee had also noted that section 11(2) of the Law on Trade Unions is to the same effect. The Committee notes the Government’s explanation that any reorganization of a legal person is a formation of a new legal entity, subject to registration and allowable under those circumstances.