Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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 noted the comments on the application of the Convention submitted by the World Confederation of Labour (WCL) and the Congolese Trade Union Confederation (CSC) concerning the difficulties of applying, within certain enterprises such as OFIDA (the Customs and Excise Office), the provisions of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004 which envisage the means made available to the workers’ representatives to allow them to perform their functions and the types of workers’ representatives entitled to the protection and the facilities provided for in this Convention. The Committee requests the Government to respond to its comments.

Moreover, the Committee noted that, in their comments, the WCL and the CSC state that they are satisfied with the provisions of the Labour Code concerning the representation of the workers in enterprises but that, in practice, the workers’ representatives do not enjoy effective protection as provided for by Article 1 of the Convention, certain among them having been demoted or made redundant. The Committee again requests the Government to respond to the comments made by the WCL and the CSC.

The Committee requests the Government to provide it with practical information on the application of the provisions of the Labour Code concerning protection against acts of anti-union discrimination and, in particular, the number of cases involving acts of anti-union discrimination occurring during employment and at the time of redundancy which have been reported and in which penalties have been applied.

The Committee also requests the Government to send a copy of Ministerial Order No. 36/95 of 21 June 1965, concerning the modalities of dismissal and transfer of shop stewards.