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

The Committee notes the information supplied by the Government in its first report on the Convention and has the following comments to make:

Article 3. The Committee notes that the following provisions are contrary to the requirements of the Convention:

(a) article 8 (II) of the Constitution and section 516 of the Consoliated Labour Code (CLT), which prohibits the establishment of more than one trade union, whatever its level, to represent the same occupational or economic category at the same territorial location;

(b) section 534 of the Consolidated Labour Code (CLT), of which the requirements regarding a necessary number of organizations at a lower level restrict the free establishment of federations and confederations; and

(c) article 8 (IV) of the Constitution, which provides for the payment of a union contribution from the wages of workers (determined without any limits by the General Assembly) in the various occupational categories to finance maintenance of the confederal system of the relevant union representation as well as sections 578, 579 and 580 of the CLT which impose "a trade union contribution", compulsory for all workers from an economic sector.

On the first point, the Committee wishes to indicate that any single trade union or monopoly system imposed by law directly or indirectly and at any level departs from the principle of free establishment of workers' organizations laid down in Article 3 of the Convention. The Committee wishes to remind the Government that although it is clearly not the purpose of the Convention to make trade union diversity an obligation, diversity should be possible in all cases. There is a fundamental difference between, on the one hand, a trade union monopoly established or maintained by law and, on the other hand, voluntary groupings of workers or unions which occur (without pressure from the public authorities or due to the law) because they wish, for instance, to strengthen their bargaining position or coordinate their efforts to tackle ad hoc difficulties which affect all their organizations (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 91).

On the second matter, the Committee considers that the requirement that, to constitute a federation, there should be a minimum of five unions representing the absolute majority of a group of activities or identical, similar or allied occupations is too high, and makes it difficult for unions to freely establish organizations at higher level.

In regard to the compulsory financing of the confederal system and the compulsory "union contribution", the Committee generally considers that the financing of trade union organizations, whether in respect of their own budgets or those of federations and confederations, should be governed by the rules of the respective organizations or be the result of standards agreed within collective agreements. In addition, the imposition of contributions on non-affiliated workers through the Constitution or through legal channels is not in conformity with the principles of freedom of association.

The Committee hopes that the Government will adopt the necessary measures to bring the legislation into conformity with the principles of freedom of association and the provisions of the Convention and asks that it be kept informed of any progress made in this respect.

Articles 5 and 6. The Committee asks the Government to inform it whether, in the light of the obstacles referred to in its report, there exists a specific policy to encourage the development of strong and independent organizations of rural workers in order to overcome the difficulties raised and to develop more effectively their participation in improvement of work opportunities and working conditions. If so, please indicate the specific measures which have been adopted.