Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

1. Necessity to reflect in the text of the Labour Code the ruling that section 14(c) of the Labour Code (exclusion from the scope of the Labour Code, and consequently from the exercise of trade union rights, of workers in agricultural and stock-raising enterprises permanently employing no more than five workers) and section 376(b) (prohibition of the right to strike in the public sector and in the agricultural, stock-raising and forestry sectors) are unconstitutional, with a view to eliminating any ambiguity.

The Committee notes with interest that the latest updated version of the Labour Code (March 2001) reflects the ruling that the above provisions are unconstitutional, which renders them inapplicable.

2. Free access of trade union representatives to plantations. The Committee emphasized the importance that it attaches to the freedom of access of trade union representatives to plantations and trusted that the Government would take measures to guarantee this right. In its report, the Government indicates that it endorses the importance that the Committee affords to this matter and reiterates that the administrative directive issued by the Ministry of Labour on 18 January 1999, ordering labour inspectors to remain vigilant with regard to the collective rights of workers, including the right of assembly of workers and their leaders, remains in force.

The Committee requests the Government to consider supplementing this administrative directive by a text which sets out more clearly the right of trade union representatives to have access to farms and plantations and to meet with workers. The Committee also requests the Government to provide information on the complaints received and/or reported by the Ministry of Labour concerning violations of trade union rights in the agricultural sector, and particularly with regard to the question of the access of trade union representatives to farms and plantations.