Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report together with the comments submitted by the World Labour Federation, dated 11 February 1999, in which it raised objections to the Acts, adopted on 26 and 27 August 1998, reforming the powers vested in the judiciary and governing careers in the judiciary. The Committee requests the Government to provide information in this regard.

Articles 1, 2 and 3 of the Convention. The Committee recalls that over a number of years it has been referring to the need to strengthen sanctions against anti-union discrimination so that they are sufficiently effective and dissuasive. The Committee notes with interest the enactment of Decree No. 3235 of 25 January 1999 (regulating the fundamental Labour Act), prohibiting anti-union practices and behaviour (section 243), defining anti-union practice and behaviour (section 244) and enabling workers who have been subjected to anti-union discrimination to have recourse to the Constitution (section 14). The Committee requests the Government to continue to make every effort to give full effect to these provisions of the Convention and to take the necessary measures to ensure that sanctions against anti-union discrimination and interference (sections 637 and 639 of the fundamental Labour Act which limit fines to two months' minimum wages) are not merely symbolic but are sufficiently dissuasive and effective. The Committee requests the Government to provide information, in its next report, on all measures adopted in this respect.

Article 4. The Committee recalls that for a number of years it has been referring to the restrictions on collective bargaining under section 473(2) of the fundamental Labour Act, which stipulates that to negotiate a collective agreement the trade union in question must represent an absolute majority of the workers of an enterprise. The Committee notes that the Government makes no reference to this question in its report. The Committee reminds the Government that this provision does not promote collective bargaining within the meaning of Article 4. The Committee requests the Government to take the necessary steps to amend this provision so that in cases where no union organization represents an absolute majority of workers, minority organizations may jointly negotiate a collective agreement applicable to the enterprise or negotiating unit, or at least conclude a collective agreement on behalf of their members. The Committee requests the Government to inform it, in its next report, of any measures adopted in this regard.