Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the provisions on freedom of association in the new Labour Code of 29 October 1993, and the conclusions of the Committee on Freedom of Association concerning Case No. 1705 (291st Report, paragraphs 312-326, approved by the Governing Body at its 258th Session, November 1993).

1. With regard to the provision that a worker may join only one union, in either his enterprise, industry, occupation or trade, or institution the Committee considers that this requirement restricts the trade union rights of workers, who must be able, should they so wish, to be members of both a branch union and an enterprise union, or other union, when they engage in more than one occupation in various enterprises or sectors.

2. With regard to the requirement that trade unions must comply with all requests for consultations or reports from the labour authorities (sections 290(f) and 304(c)), the Committee considers that such a requirement should be limited to members' complaints of breaches of the law or regulations.

3. With regard to the ban on trade union involvement in political matters (section 305(a)), the Committee considers that if this provision was construed as a ban on all political activity, it would be incompatible with the principles of freedom of association.

4. With regard to the requirement that for a strike to be called, its sole purpose must be the direct protection of the workers' occupational interests (section 358(a) and 376(a)), the Committee recalls that, as it pointed out in its 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 165, trade union organizations ought in principle to be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends.

5. With regard to the obligation to ensure a minimum service in the event of a strike in public services which are essential to the community (sections 362 and 376(c) of the new Labour Code), the Committee considers that workers' organizations should be involved in determining the minimum service.

6. With regard to the restriction on the free election of representatives (Decree No. 16769), the Committee points out that an excessively meticulous and detailed regulation of the trade union electoral process is contrary to Article 3 of the Convention.

The Committee asks the Government to take steps to ensure that workers may elect their representatives in full freedom.