Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that its previous comments referred to certain provisions of Act No. 133/AN/05/5^e L of 28 January 2006 issuing the Labour Code.

Article 2 of the Convention. The Committee requests the Government to indicate the means of appeal provided for should the Minister of Labour refuse to issue the receipt of union registration or in the event that the Chief Public Prosecutor calls for the dissolution of a union under the terms of section 215 of the Labour Code. The Committee recalls that trade unions should have the right of appeal to independent courts against any administrative decision regarding their registration (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 77). If the right of appeal has not been provided for in the national regulations, the Committee requests the Government to make such provision and keep it informed of the measures adopted in this regard.

The Committee notes that, under the terms of section 212 of the Labour Code, minors over 16 years of age may join trade unions unless denied permission by their father, mother or guardian. The Committee recalls that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. The Convention does not authorize any distinction on grounds of age (see General Survey, op. cit., paragraph 64). The Committee therefore requests the Government to take the necessary measures to amend section 212 of the Labour Code in order to ensure that minors who have reached the legal minimum age for access to employment (16 years, according to section 5 of the Labour Code) can exercise their trade union rights without the need for prior authorization from a parent or guardian.

Article 3. The Committee notes that, under section 184 of the Labour Code, a trade union organization may express its opposition to an arbitration award, thereby depriving it of its binding force. It notes that, under section 190 of the Labour Code, a strike is unlawful, in the event of arbitration, until the arbitration award has acquired binding force. The Committee therefore requests the Government to clarify whether a strike called following opposition to an arbitration award is lawful within the meaning of section 190 of the Labour Code.