Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information provided by the Government in its report.

The Committee wishes to recall that in the comments it has been making for a number of years, it has pointed out the need to clarify the legal situation and adopt adequate measures to dissipate any doubts with regard to the right to organise and to collective bargaining of workers in public bodies and autonomous enterprises producing goods or supplying services for the public, and to recognise expressly the right of public servants to associate not only for cultural and social purposes (section 31 of Act 200) but also for the purposes of furthering and defending their occupational and economic interests. The Committee has also drawn the Government's attention to the need to repeal section 36 of Act No. 200, which prohibits public servants from adopting collective resolutions against the measures taken by the competent authorities.

The Committee also notes that the Committee on Freedom of Association made recommendations to the Governing Body, in November 1988, concerning Case No. 1341 (Paraguay), regarding the denial to public employees of the right to organise in trade unions and the restrictions on their freedom to negotiate their conditions of employment collectively. The Committee joins the Committee on Freedom of Association in requesting the Government to amend Act No. 200 on the conditions of employment of public servants (sections 31 and 36) so as to include specific legislative provisions guaranteeing the right to organise of public employees and to introduce machinery for the settlement of collective disputes in the public service, in which the persons concerned will have confidence. As regards the ban on strikes by doctors and nurses employed in a public hospital, the Committee joins the Committee on Freedom of Association in requesting the Government to adopt specific provisions to compensate, by introducing adequate conciliation and arbitration procedures, for the fact that there is no right to strike in this essential service (see the 259th Report, paragraph 516(e) and (f), approved by the Governing Body at its 241st Session, November 1988).

The Committee also wishes to recall the comments it has made on sections 353 (the requirement of three-quarters of the members to call a strike) and 360 (services in which strikes are prohibited) of the Labour Code, and sections 284 (submission of collective disputes to compulsory arbitration) and 291 (dismissal of the workers who have ceased work during the procedure) of the Code of Labour Procedure, as well as section 285 of the Labour Code (prohibition on trade unions from receiving subsidies or economic assistance from foreign or international organisations).

The Committee notes with regret from the Government's last report, that the proposals for the amendment and repeal of sections 31 and 36 of Act No. 200 have not yet been approved and that no further action has been taken on the comments on sections 353 and 360 of the Labour Code and sections 284 and 291 of the Code of Labour Procedure.

The Committee requests the Government to indicate whether the judicial appeal available in cases where the Ministry of Justice and Employment decides to dissolve a trade union (section 308 of the Labour Code), has a suspensive effect and, if not, what measures it envisages taking to remedy this situation.

In these circumstances, the Committee expresses the firm hope that the legislation and practice will be amended in the near future so as to be in full conformity with the Convention. The Committee urges the Government to provide information in its next report on all measures taken to give full effect to the Convention. [The Government is asked to supply full particulars to the Conference at its 76th Session.]