Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's first report on this Convention and requests the following information.

1. The Committee notes that the Government states in its report, with regard to the application of Article 3, paragraph 2, of the Convention, that the workers' representatives (staff delegates) take precedence over the trade unions in intervening in a dispute in any enterprise.

The Committee asks the Government to indicate whether this does not result in the trade unions being relegated to a secondary role, thereby weakening their position.

2. The Committee also notes from the Government's report that the Labour Advisory Committee (LAC) (section 158 of the Labour Code and sections 22 to 36 of Decree No. 67-126) seems to have attributions coming within the framework of Article 5(e) of the Convention.

The Committee asks the Government to provide particulars of the exact mandate of the LAC and particularly of the role it plays in practice, together with examples of cases in which it has intervened.

3. Lastly, the Committee notes that sections 208 and 209 of the Code provide that, in the event of a collective dispute, an arbitration award shall be given by an arbitration council, and that the award becomes enforceable unless it is opposed within the two days following its notification. However, the Code makes no provision for what occurs if a party opposes the award.

The Committee asks the Government whether, in this case, there is further, independent and binding arbitration, with the participation of the parties involved.