Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and regrets to note once again 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, the limitation of the exercise of the right to strike in general and the systematic violation of the rights set out in article 123 of the Constitution (section 94 of the Federal Act on State Employees).

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

In these conditions, the Committee expresses the firm hope that the Government will take measures to amend the above provisions and that it will inform it in its next report of any progress made in this respect.

[The Government is asked to report in detail in 1999.]