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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication of 29 August 2009. The Committee requests the Government to provide its observations thereon.

The Committee had previously taken note of the labour law reform process, being facilitated by the ILO, under which consultations with stakeholders were to be held until December 2008. The recommendations emanating from these consultations were to be analysed and reviewed at the January 2009 National Labour Conference, with a view to drafting a final revision of the law. In this connection, the Committee had expressed the hope that this reform process will take into full consideration the matters the Committee has been commenting upon for many years, which concern the need for:

–           legislation guaranteeing to workers adequate protection against anti-union discrimination at the time of recruitment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions;

–           legislation guaranteeing to workers’ organizations adequate protection against acts of interference by employers and their organizations, including sufficiently effective and dissuasive sanctions; and

–           legislation guaranteeing the right to collective bargaining to employees in state-owned enterprises and public servants who are not public officials engaged in the administration of the State.

The Committee notes that according to the Government, the Decent Work Bill will fully protect the workers and their organizations against anti-union discrimination both at the time of recruitment and during employment relationship as well as against acts of interference by the employers and their organizations. It will further ensure the right to collective bargaining of state-owned enterprise employees. The Committee once again expresses the firm hope that the Decent Work Bill will give full effect to the Convention in line with its comments above, including that concerning the right to collective bargaining of public servants not engaged in the administration of the State, and requests the Government to provide a copy of the latter following its adoption.