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

The Committee notes with interest the Act of 6 March 1990 respecting the settlement of collective labour disputes which, under certain circumstances, authorises the calling of a strike after the failure of voluntary procedures for the settlement of disputes. The Committee, however, wishes to make a number of comments on the following points:

1. With reference to section 11(2) of the Act, the Committee notes that the decision to go on strike must be made by the majority of all the workers in the respective enterprise or unit; the Committee draws the Government's attention to the fact that it would be more appropriate for this decision to be taken by the majority of workers taking part in the vote. It trusts that the Government will envisage modifying this provision in line with its comment.

2. Noting that by virtue of section 11(3) of the Act, notice of the intention to strike must specify its planned duration under pain of sanctions, the Committee requests the Government to indicate what the consequences would be for striking workers and their organisations if the strike action continued beyond the duration mentioned in the strike notice.

3. The Committee notes that by virtue of section 16(4) of the Act, strikes are prohibited in the health, electricity and communications sectors. The Committee has always insisted, in the case of strikes being prohibited in essential services, that the national legislation should provide appropriate guarantees to protect workers who are thus denied one of the essential means of defending their occupational interests. Restrictions should be offset by adequate, impartial and speedy conciliation and arbitration procedures, in which the parties concerned can take part at every stage (paragraph 214 of the 1983 General Survey on Freedom of Association and Collective Bargaining). The Committee requests the Government to indicate the procedures that are available to workers in these sectors to settle their terms and conditions of employment and their wages.

4. The Committee requests the Government to indicate the procedures that are used and the authorities (administrative or judicial) that are competent in the event of violations of the provisions of the Act.