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

The Committee notes the Government's report and the contents of the new Organic Labour Act of 27 November 1990.

In its previous direct request, the Committee criticised the Organic Act respecting the national armed forces, which, as amended in 1983, prohibits the conclusion of collective labour agreements between civilian staff employed by the armed forces and independent institutes and state enterprises dependent on the Ministry of Defence. The Committee indicated that only public servants engaged in the administration of the State and the armed forces lay outside the scope of the Convention (Articles 5 and 6 of the Convention).

The Committee notes with interest that the new Organic Labour Act provides that staff employed in providing services for the armed forces shall enjoy benefits that are not inferior to those enjoyed by workers covered by the Act in so far as this is compatible with the nature of their work (section 7) and that public servants and employees who hold career positions shall have the right to bargain collectively (section 8).

The Committee requests the Government to indicate whether these provisions permit collective agreements to be concluded between the organisations of civilian staff employed by the armed forces and independent institutes and state enterprises dependent on the Ministry of Defence.

The Committee also reminded the Government, with reference to Articles 1 and 3 of the Convention, of the importance of providing for sufficiently effective and dissuasive penalties, and particularly heavy fines, against acts of anti-union discrimination and interference, and it hoped that practical steps would be taken in this respect.

In this connection, the Committee notes that the new Organic Labour Act, in sections 637 and 639, prescribes fines only of a sum between one-quarter and twice the minimum monthly wage in the event of the employer violating the legal guarantees of freedom of association or refusing to respect an order to reinstate a worker who is protected by legal provisions respecting the right of association. The Committee therefore requests the Government to consider the adoption of measures to ensure that the penalties that are applicable in the event of anti-union discrimination and interference are sufficiently effective and dissuasive.