Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee recalls that its previous comments concerned the denial of the right to unionise of public servants (section 1 of the General Labour Act of 29 May 1939); the requirement of previous authorisation for the establishment of a trade union (section 99 of the Act and section 124 of the Decree issued thereunder, of 23 August 1943); the impossibility of setting up more than one union in an enterprise (section 103 of the Act); the wide powers of supervision of the labour inspectorate over the activities of trade unions (section 101 of the Act); the possibility of dissolving trade unions by administrative authority (section 129 of the Decree); and the excessive restrictions on the exercise of the right to strike.

Regarding this last point, the Committee recalled the need to reduce the majority that is currently required to call a strike, namely a minimum of three-quarters of the employees who are actually in service (section 114 of the General Labour Act of 1939 and section 159 of the Decree issued thereunder, No. 244 of 23 August 1943) and to fix it at a simple majority of the workers present in an enterprise and voting for the calling of a strike. The Committee also criticised the prohibition of strikes in all public services (section 118 of the Act), including banks and public markets (section 1(c) and (d) of Supreme Decree No. 1958 of 16 March 1950), the recourse to compulsory arbitration as a means of putting an end to a strike (section 113(c) of the Act) and the prohibition of general and solidarity strikes under penalty of six months' detention and six months' internal exile for trade union officers and one year's detention for the initiators of strikes, with a doubling of the sentences in the event of a repetition of the offence (sections 1 and 2 of the Legislative Decree of June 1951).

The Committee notes the information supplied by the Government in its report. The Committee notes in particular that, with ILO collaboration, a draft text for a new General Labour Act, which takes account of the Committee's comments has been prepared and will be submitted to Congress before 15 July 1991.

The Committee requests the Government to supply information in its next report on the progress made on the adoption of the draft text of the General Labour Act, which was formulated with ILO technical assistance to bring the legislation into conformity with the Convention. Taking into account the fact that it has been repeating its comments for many years, the Committee trusts that at its next session it will be able to note real progress as regards bringing the legislation into conformity with the Convention.

Furthermore, the Committee is addressing a direct request to the Government concerning restrictions on the right to elect trade union officers in full freedom.

[The Government is asked to supply full particulars to the Conference at its 78th Session and to report in detail for the period ending 30 June 1991.]