Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It further notes the comments submitted by the International Trade Union Confederation (ITUC), which refer mainly to matters previously raised by the Committee and to acts of anti-union discrimination, including the dismissal of and disciplinary action taken against trade union officers. The Committee requests the Government to transmit its observations thereon.

Article 1 of the Convention. Anti-union discrimination. The Committee takes note of the Government’s indications respecting the anti-union acts alleged by the International Confederation of Free Trade Unions (ICFTU) in 2006. According to the Government, in several of the cases mentioned by the ICFTU the trade unions concerned successfully sought legal redress for the infringement of their rights. The Committee takes due note of the above information.

Article 2. Acts of interference. In previous comments, the Committee had asked the Government to indicate the measures taken or contemplated so as to adopt specific legislative provisions prohibiting acts of interference. Noting the Government’s statement that Act XXII of 1992 on the Labour Code and Act CXXV of 2003 on equal treatment and the promotion of equal opportunities both contain several provisions protecting workers from acts of anti-union discrimination, the Committee once again requests the Government to indicate in its next report any measures taken or contemplated so as to adopt specific legislative provisions prohibiting acts of interference (in particular, those designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to place workers’ organizations under the control of employers or employers’ organizations through financial or other means), and establishing rapid appeal procedures, coupled with effective and dissuasive sanctions against such acts.

Article 4. Representativeness for concluding collective agreements. The Committee had previously requested information on the system of bargaining agent certification at the sectoral and national levels, and had also requested to be kept informed of developments concerning a draft bill pertaining to certain aspects of social dialogue. In this regard, the Committee notes the Government’s indication that in December 2006 Parliament adopted the Act on sectoral dialogue committees, which provides for detailed rules regarding the collective bargaining rights of trade unions at the sectoral level. The Government adds that the said Act is awaiting publication, following its assessment by the Constitutional Court. The Committee notes this information and requests the Government to transmit a copy of the Act on sectoral dialogue committees upon its publication and dissemination.

The Committee had previously noted that the ICFTU, in comments submitted in 2006, referred to new legislation requiring a single trade union or joint delegation of unions in the public sector to comprise at least 25 per cent of the workforce to conclude a collective agreement. The Committee notes the Government’s indication, in its reply to the ICFTU’s 2006 comments, that the new section 12/A of Act XXXIII of 1992 on the legal status of public servants, a trade union or several trade unions jointly are automatically considered capable of concluding a collective agreement when the number of its or their members reaches 25 per cent of the workers in the workplace concerned; otherwise, the collective agreement must be voted on. The Government states that it was the trade union side of the National Labour Council of Public Servants that initiated the inclusion of the number of members as a general requirement, and that the determination of the minimum percentage was established with regard to the average level of representation of public servant organizations. The Government adds that the method for calculating the representativity of trade unions in the public sphere, which is set out in Decree No. 48/2005, was formulated with the full cooperation of the social partners, and that moreover the relevant data are counted by a tripartite institution – the Participation Verification Committee. The Committee takes due note of this information.