Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's reports received in 1995 and 1996. It notes that the Government has not replied to its previous comments which referred to the following points:

1. The Committee recalls the need to take steps to amend section 11(2) of the Act of March 1990 regarding the settlement of collective labour disputes, which provides that a decision to call a strike must be taken by a majority of all the workers in the respective enterprise or unit; the Committee considers that only votes cast should be taken into account (see 1994 General Survey on freedom of association and collective bargaining, paragraph 170).

2. The Committee notes that workers in the health, electricity and communications sectors, are forbidden to strike under section 16(4) of the Act of March 1990. If the right to strike is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees for the defence of their interests (see op. cit., paragraph 164).

The Committee noted that a technical assistance programme in the field of social dialogue was in the process of application, designed to establish an independent conciliation and arbitration system of tripartite structure.

The Committee requests the Government to supply information on these points. It again requests the Government to indicate the measures taken to bring its legislation into full conformity with the principles of freedom of association.

[The Government is requested to supply a detailed report in 1997.]