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

Article 1 of the Convention. The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 26 August 2009 which refer, inter alia, to excess court delays in dealing with cases of anti-union discrimination. The Government indicates, in this respect, that Parliament has adopted a judicial reform strategy and legislative steps have been taken to improve the functioning of the judicial system. Furthermore, a comprehensive process of reform has been initiated to, inter alia, enhance the efficiency of the judicial process and reduce the backlog of cases. There has thus far been a 35.5 per cent reduction in the backlog of cases before the municipal courts. The Government also states that a pilot project on mediation in courts, which offers an alternative means of dispute resolution, is being implemented and has shown positive results. The Committee notes this information and requests the Government to inform it of the progress made with respect to the measures referred to.

Articles 4 and 6 of the Convention. The Committee requests the Government to submit its observations on the ITUC’s comment according to which the Act on salaries in public services also limits collective bargaining rights in the public sector by setting coefficients for the workplace, with the result that public sector workers can negotiate on their basic salaries only.

The Committee had previously noted the ITUC’s allegation that the Act on the realization of the government’s budget of 1993 allows the Government to modify the substance of a collective agreement in the public sector for financial reasons, and had requested the Government to provide a copy of the legislative provisions allowing the Government to modify the substance of collective agreements in the public service and to provide information on their application in practice. The Committee notes with regret that the Government provides no information respecting this matter. Recalling that, in general, a legal provision which allows one party to modify unilaterally the content of signed collective agreements is contrary to the principles of collective bargaining, the Committee once again requests the Government to provide a copy of the said legislative provisions, as well as information on their application in practice.