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

The Committee notes the Government's report and regrets to observe that it has not made any comments on the matters raised in previous direct requests, which referred to:

(1) the restrictions on the right to strike of employees in banking institutions belonging to the public administration (section 5 of the Act issued under article 123 (B) (XIII bis) of the Constitution); in particular limitation of the exercise of 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).

In this respect, the Committee recalls that important restrictions or prohibitions on the right to strike in the public sector should be confined to public servants exercising authority in the name of the State, or to employees in essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population), which is not the case of bank employees.

(2) The requirement of two-thirds of the workers in the public body concerned to call a strike (section 99 (II) of the Federal Act on State Employees).

In this respect, the Committee considers that this requirement is excessive and that a simple majority should be sufficient to call a strike.

In these conditions, the Committee requests the Government to take measures to amend the above provisions and to inform it in its next report of any measure adopted in this respect.