Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report and the draft text to amend Act No. 23551 on trade union associations, which was prepared with the participation of an ILO advisory mission.

The Committee notes with interest that the above draft text, taking into account the Committee's previous observations, provides for the repeal or amendment of the following provisions which were in contradiction with the Convention: section 30 (which required excessive conditions for granting trade union status to unions representing workshops, occupations or categories of workers); section 28 (which, in order to contest the trade union status of an association, required the petitioning association to have a "considerably higher" number of members); section 38 (which only permitted associations enjoying trade union status, and not associations which were merely registered, to be retained for the purposes of trade union quotas); and section 39 (which only exempted associations with legal personality, and not associations which were merely registered, from taxation).

Nevertheless, the Committee notes that the above draft text has not provided for the modification of the following provisions, whose modification has been suggested by the Committee of Experts and the advisory mission: the excessive conditions set out in law for an enterprise union to obtain trade union status (section 29 of the Act, which provides that "a trade union at the enterprise level may be granted trade union status only when another first-level trade union and/or a union does not already operate within the geographical area or the area of activity or category covered"), nor the provisions which grant privileges to associations which have been granted trade union status in comparison with other associations as regards the representation of collective interests other than through collective bargaining (section 31(a) of the Act, which provides that "associations which have been granted trade union status have the exclusive right to defend and represent the individual and collective interests of workers") and as regards trade union protection (sections 48 and 52 of the Act, which provide that only the representatives of associations which have been granted trade union status enjoy special protection).

The Committee therefore requests the Government to continue to take measures with a view to further harmonizing its legislation with the Convention and hopes that the draft text to amend Act No. 23551 on trade union associations will be adopted as soon as possible and that it will take fully into account the comments of the Committee and will be in complete conformity with the principles of the Convention.

The Committee is also addressing a request directly to the Government.