Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and its general indication that, due to the lack of a trade union tradition, there are still no workers’ unions operating in the country. In this respect, the Committee requests the Government to provide information on the measures adopted or envisaged to create favourable conditions for the establishment of workers’ organizations.

Article 2 of the Convention. Freedom to establish workers’ organizations. The Committee notes that section 5 of Act No. 12/1992 provides that sectoral employees’ organizations shall bring together employees of two or more enterprises engaged in similar activities and it considers that this provision is contrary to Article 2 of the Convention, under which workers must be able to establish organizations of their own choosing. The Committee also considers that section 10 of Act No. 12/1992, which provides, among other requirements, that, for an occupational association to obtain legal personality, it must have a minimum number of 50 employees, may affect the right of workers to decide freely on the composition of their organizations. In these circumstances, the Committee requests the Government to adopt the necessary measures to amend these provisions so as to allow the establishment of enterprise trade unions and reduce to a reasonable level the minimum number of workers required for the establishment of a trade union. The Committee requests the Government to provide information in its next report on any measure adopted in this respect.

Articles 3 and 7 of the Convention. Right to strike. The Committee notes with interest that section 37 of Act No. 12/1992 reproduces the definition of essential services formulated by the Committee and provides for the maintenance of minimum services in such services. In this respect, the Committee requests the Government to provide information on the manner in which services considered to be essential are determined in practice and how the minimum services to be guaranteed are determined. Furthermore, noting that section 58 of the Fundamental Act prohibits strikes in services of public utility, the Committee requests the Government to provide clarifications on the manner in which this provision of the Fundamental Act is reconciled in practice with section 37 of Act No. 12/1992, which provides for the establishment of minimum services in essential services. The Committee also requests the Government to provide information on the exercise of the right to strike in the public service and recalls that the prohibition of strikes in this sector should be limited to public servants exercising authority in the name of the State.

Article 4. Dissolution of workers’ organizations. The Committee notes that, under the terms of section 22 of Act No. 12/1992, an association of workers may be dissolved by decision of the Council of Ministers, based on a proposal initiated by the Ministry of Labour and Social Promotion, and that such a decision means that the administrative procedures have been exhausted. The Committee requests the Government to confirm in its next report whether such a decision can be appealed to the courts and to indicate whether the lodging of an appeal to the courts has a suspensive effect, that is, whether it suspends the effect of the decision for the dissolution of the organization until the judicial authority has ruled on the case.