Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s detailed report in reply to the previous comments of the International Trade Union Confederation (ITUC) alleging several cases of anti-union discrimination, interference in trade union affairs and infringement of collective bargaining rights.

Article 1 of the Convention. Insufficient protection against anti-union discrimination. The Committee had requested the Government to give consideration, in full consultation with the social partners concerned, to the establishment of prompt and impartial procedures, in order to ensure that trade union officials and members have the right to an effective remedy by the competent national tribunals for acts of anti-union discrimination. The Committee notes the conclusions and recommendations of the Committee on Freedom of Association in Cases Nos 2395 and 2474 (see 349th Report) concerning excessive delay in processing cases of anti union discrimination. In this regard, the Committee notes from the Government’s report that this issue has been discussed in the Tripartite Commission. According to the Government, a draft amendment of the Code of Civil Procedure contains rules aiming to facilitate access for parties to proceedings. Moreover, the Labour Code has been amended through an Act of 9 May 2008.

In this regard, the Committee notes that the Government recalls that a number of acts of anti union discrimination constitute offences which involve penal sanctions and proceedings which could be referred, if necessary, to a simplified procedure; moreover, cases of undue delay allow the authorities to take appropriate legal measures, including the granting of an appropriate sum of money. The Committee notes that the 2008 ITUC comments concerning the excessive delays of the proceedings and stating that often the judicial orders for reinstatement of trade unionists are ignored by employers.

The Committee concludes that in practice the proceedings need to be more prompt and efficient. Thus, the Committee requests the Government to evaluate the results of the amendments to the Labour Code, in 2008, and the draft Code of civil procedure in consultation with the social partners and to indicate in its next report any measures taken or contemplated to ensure that trade union officials and members have in practice the right to prompt and effective remedy by the competent national tribunals against acts of anti-union discrimination. The Committee requests the Government to continue providing information on the number of complaints for anti-union discrimination, the average duration of the proceedings and the outcomes of these proceedings. The Committee will examine the amended Labour Code and the draft of the Code of civil procedure, once a translation becomes available.

Article 4. Infringement of collective bargaining rights. The Committee requests the Government to provide information on the 2008 ITUC comments regarding alleged instances of employers’ refusal to negotiate collective agreements or to comply with them. In this regard, the Committee takes note of the Government’s statement according to which the duty of the parties to conduct negotiations is not accompanied by sanctions; the Minister of Labour has urged the social partners to take measures that would activate an autonomous dialogue, in view of the Act on the Tripartite Commission, and encouraged them to use collective agreements more openly.

The Committee notes the statistics provided by the Government on the collective agreements and protocols registered, as well as the 12 cases of complaints concerning employers’ refusal to negotiate in 2006 and 2007 (most of them were solved due to the interventions of the labour inspectors). The Committee invites the Government and the social partners to indicate the measures taken or contemplated to resolve cases of refusal to bargain so as to promote collective bargaining.