Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report received in 2004.

Scope of application of the Convention. The Committee notes that according to its section 3, Labour Proclamation No. 377/2003 is not applicable to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care of rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit making purposes and managerial employees. Recalling that the only exceptions authorized by Convention No. 98 are the members of the police and armed forces, and civil servants engaged in the administration of the State, the Committee requests the Government to provide information about the trade union rights of the abovementioned categories of workers.

Article 2 of the Convention. In its previous comments, the Committee had requested the Government to amend its legislation by adopting specific provisions coupled with effective and sufficiently dissuasive sanctions, providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration so as to give full effect to Article 2 of the Convention. The Committee notes that the Government reiterates its previous statement to the effect that it could be inferred from the Labour Proclamation of 2003 that employers’ and workers’ organizations are obliged to recognize each other and that any attempt to impede the work of the organizations in whatever form is contrary to the law. While noting this information, the Committee once again recalls that the Convention requires the Government to take specific action, in particular through legislative means, to ensure respect of the guarantees laid down in Article 2 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 230). Therefore, the Committee reiterates its previous request and asks the Government to keep it informed of the measures taken or envisaged in this respect.

Articles 4 and 6. In its previous observation, the Committee noted with regret that Federal Civil Servants Proclamation No. 262/2002 did not refer to the right to negotiate of public servants not engaged in the administration of the State. The Committee notes the Government’s statement to the effect that efforts are being made to explore experiences of other countries, with a view to draft, in due course, the legislation guaranteeing the right of civil servants, as well as of public teachers - who, contrary to privately employed teachers, to whom the right to unionize and engage in collective bargaining is guaranteed, can only form professional associations - to defend their occupational interests through collective bargaining. The Committee hopes that legislation in this respect will be adopted without delay. It requests the Government to keep it informed of the measures taken or envisaged in this respect.