Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association in Case No. 1612 (298th Report, para. 20, approved by the Governing Body at its 262nd Session, March-April 1995).

The Committee recalls that its previous comments referred to:

- request for details on the possibility for organizations of civilian staff employed in the armed forces and independent institutions and state enterprises dependent on the Ministry of Defence to be able to conclude collective agreements (sections 7 and 8 of the Fundamental Labour Act);

- the reinforcement of penalties applicable in cases of anti-union discrimination and interference so that they are sufficiently effective and dissuasive (sections 637 and 639 of the Fundamental Labour Act, which limits fines to two minimum wages); and

- the restrictions on collective bargaining (sections 473(2) and 507 of the Fundamental Labour Act).

With reference to the first issue, the Committee takes due note that, according to the information supplied by the Government, civilian staff employed by the armed forces and independent institutions and state enterprises dependent on the Ministry of Defence fulfil an important administrative role related to the constitutional mandate of the Ministry to maintain order and preserve national sovereignty. The Committee also notes the unified National Federation of Public Employees is responsible for negotiating collective agreements for all public employees, and that the Government recently concluded two collective agreements with various trade union organizations covering most of the workers in the public sector; one agreement is applicable to manual workers and the other to public employees. It notes that the economic terms of these agreements are also applicable to workers in the defence sector.

The Committee regrets that the Government has not replied to its other comments and therefore once again requests it to take the necessary measures to ensure that the penalties applicable in cases of anti-union discrimination and interference (sections 637 and 639 of the Fundamental Labour Act) are not merely symbolic in their nature, and that the appropriate measures are taken to ensure that they are sufficiently effective and dissuasive.

With regard to the third issue, the Committee once again requests the Government to take the necessary measures, in consultation with the social partners, to ensure that in practice workers and their trade union organizations can conduct voluntary and free collective negotiations with their employers, if both parties so wish.

The Committee requests the Government to inform it in its next report of the measures adopted in relation to its previous comments.