Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the comments of the National Federation of Banking Unions (FENASIB) contained in the Government's report and recalls that its previous comments referred to:

- the restrictions on the right to strike of workers in banking institutions belonging to the public administration (section 5 of the Act issued under article 123(B)(XIIIbis) of the Constitution), namely:

the limitation on the right to strike in "general and systematic violation" of the rights set out in article 123(B) of the Constitution (section 94 of the Federal Act on State Employees);

the requirement of two-thirds of the workers in the institution concerned to call a strike (section 99(II) of the Federal Act on State Employees); and

- the prohibition placed upon foreigners from having access to trade union office (section 372(II) of the Federal Labour Act).

The Committee notes that the Government's report does not contain any reply to its comments and hopes that the Government will provide information in its next report on the measures adopted to limit the restrictions on the right to strike in the public service to public servants exercising authority in the name of the State, to limit the requirement to a simple majority of the votes cast to call a strike, excluding those who have not taken part in the ballot, and to ensure that foreign workers can have access to trade union office, at least after a reasonable period of residence in the country.