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

The Committee notes the Government’s first report. It notes with interest the facilities that the new Labour Code affords to workers’ representatives, as well as the system which has been established for the representation of workers. The Committee further notes the comments made by the Confederation of Trade Unions of Congo (CSC), an affiliate of the World Confederation of Labour (WCL), dated 31 May 2004.

Article 1 of the Convention. 1. The Committee notes that section 258 of the Labour Code provides that any termination of a titular or substitute delegate by the employer or her or his representative, and any transfer which results in the loss of the function of a delegate, is subject to approval by the competent labour inspector before taking effect. The Committee also notes the Government’s indication that Ministerial Order No. 36/95, of 21 June 1995, establishing the procedures for the termination or transfer of a trade union delegate determines the procedure to be followed by the labour inspector in the event of the termination or transfer of a titular or substitute delegate. However, the Committee notes that the Government’s report does not contain any information on the provisions of this Order, nor a copy of the Order. The Committee therefore requests the Government to provide a copy of Ministerial Order No. 36/95 so that it can ascertain its conformity with the Convention.

2. Furthermore, the Committee notes that in its comments the CSC expresses satisfaction with the mechanisms established, including the provisions of the Labour Code in respect of the representation of workers in the enterprise. However, the Committee notes that these comments also indicate that, in several enterprises, workers’ representatives do not enjoy the effective protection envisaged by Article 1 of the Convention and that some of them have even been victims of termination or demotion. The Committee requests the Government to reply to the comments made by the CSC and to provide information on the effect given in practice to the relevant provisions of the Labour Code, including the number of cases in which acts of anti-union discrimination during the course of employment or in relation to dismissal have been reported.