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

1. The Committee previously requested the Government to send its comments with regard to the observations made by the International Confederation of Free Trade Unions (ICFTU), which referred to anti-union dismissals in a number of companies, the lack of social dialogue in the country and acts of interference by employers in trade union elections. The Government states in its report that there had indeed been collective disputes in the abovementioned establishments but points out that the workers in question were penalized for going on strike without observing the correct procedure and that the labour inspectorate had contributed towards settling all the disputes in question. The Government also denies any act of interference by the employers and indicates that collective bargaining between the social partners under the auspices of the Government has been under way since 24 March 2008. The Committee also notes the observations from the International Trade Union Confederation (ITUC) dated 29 August 2008, which refer to acts of anti-union discrimination. The Committee requests the Government to send its comments on these observations in its next report.

2. Article 4 of the Convention. Right to collective bargaining. In its previous comments, the Committee noted that sections 350 to 356 of the Labour Code allow the Minister of Labour to impose compulsory arbitration on the parties to collective bargaining. It reminded the Government that compulsory arbitration imposed upon the parties by the government authorities leading to a binding award is difficult to reconcile with the principle of free and voluntary negotiation set out in Article 4 and urged the Government to amend the Labour Code so as to eliminate the possibility of compulsory arbitration being imposed unilaterally by the Minister of Labour. Noting the Government’s indication that account has been taken of its comments on this matter in the context of the revision of the Labour Code, the Committee requests the Government to indicate all progress made on limiting recourse to compulsory arbitration, in cases of dispute, to essential services in the strict sense and to supply a copy of any texts adopted in this regard.

3. Article 6. Collective bargaining in the public sector. In its previous comments, the Committee referred to section 68 of the Labour Code, which states that, where the personnel of public services, enterprises and establishments is not governed by specific conditions of service set out in a law or regulations, collective agreements may be concluded in accordance with the provisions applicable to “simple” collective agreements. The list of establishments concerned is determined by decree. It requested the Government to supply a copy of the decree once it had been adopted and to clarify the exact situation with regard to collective bargaining for personnel in the education sector (including research and training) and in air transport. In this regard, the Committee notes that the Government states once again in its report that the decree in question has not yet been adopted and that the air transport sector is covered by the general collective agreement of 13 February 1974. However, the Government states that the general collective agreement is on the point of being revised and also that it is contemplating the drawing up of sectoral agreements. The Committee trusts that the Government will be in a position to indicate in its next report the measures taken to ensure, in accordance with the requirements of the Convention, that the right to collective bargaining is clearly established for all public employees and officials not engaged in the administration of the State, particularly with the adoption of the decree implementing section 68 of the Labour Code explicitly permitting the drawing up of agreements in the education sector and air transport and, more generally, in public establishments.

The Committee notes that the Government requests the Office to continue its technical assistance in this regard and expresses the hope that progress will be noted in the near future.