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

Article 1 of the Convention. Protection against acts of anti-union discrimination. In previous comments, the Committee had drawn the Government’s attention to the need to amend section 34 of Act No 107 of 1975 on Trade Unions, which does not provide for protection of workers against acts of anti-union discrimination at the time of recruitment. Moreover, the Committee had also referred to the absence of legal protection  for public servants not engaged in the administration of the state, agricultural workers and seafarers, against acts of anti-union discrimination both at the time of recruitment and during the employment relationship.

The Committee notes that: (1) with respect to the absence of protection against acts of anti-union discrimination at the time of recruitment, the Government refers to its previous comments according to which discrimination at the time of recruitment is not possible as workers are mandatorily recruited and placed through official employment offices and trade union membership is not part of the criteria by which these employment offices place registered workers; (2) concerning the protection of public servants not engaged in the administration of the State, agricultural workers and seafarers, at the time of recruitment and during the employment relationship, the Government indicates that these categories of workers have their own union (Unions of Administration Workers, Unions of Peasants and Breeders and Unions of Seafarers and Ports) that ensure the protection and defence of their rights; (3) the Government’s indication that a draft new Labour Relations Act is being submitted to the Fundamental People’s Congress for its promulgation. While taking due note of the Government’s information on the national practice, the Committee requests the Government to take the necessary measures to ensure that the new legislation to be adopted protects explicitly and through sufficiently dissuasive sanctions all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against all acts of anti-union discrimination at the time of recruitment and during the employment relationship, and requests the Government to indicate in its next report any steps taken or contemplated in this respect.

Article 4 of the Convention. Collective bargaining. The Committee previously referred to sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the national economic interest, thus violating the principle of the voluntary negotiation of collective agreements and the autonomy of the bargaining parties. The Committee notes the Government’s indication that the draft Act on labour relations has repealed the abovementioned provisions and has redrafted them so as to give collective bargaining full scope taking into account the Committee’s previous observation. The Committee notes this information with interest and requests the Government to indicate any development concerning the adoption of the draft law on labour relations.

The Committee had also referred to the absence of collective agreements covering public servants not engaged in the administration of the State, agricultural workers and seafarers. In this respect, the Committee notes the Government’s information that these workers enjoy the full right to bargain collectively and that the new draft Labour Code regulates collective bargaining at its various levels. In this regard, the Committee expresses the hope that the new draft Labour Code or any other legislation will expressly grant public servants not engaged in the administration of the State, agricultural workers and seafarers the right to bargain collectively and invites the Government to communicate any collective agreement in force concerning these categories of worker.

Finally, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC) on 29 August 2008, according to which the Government sets salaries unilaterally. The Committee requests the Government to send its observations thereon. The Committee also requests the Government to provide statistics on the number of collective agreements presently in force by sector, and the number of workers they cover.