Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations of their own choosing. Registration procedures. The Committee noted that article 102 of the Labour Code provides that an order of the minister in charge of labour shall determine the modalities and conditions for the registration of trade unions and employers’ organizations. The Committee recalls in this respect that there should be the right to appeal to independent courts against any administrative decision regarding the registration of organizations (see 1994 General Survey on freedom of association and collective bargaining, paragraph 77). The Government is requested to provide a copy of the order in question when it has been adopted, and of any other order which may be related to the exercise of trade union rights.

Articles 3 and 10. Right of organizations of public servants to formulate their programmes for the defence of the occupational interests of their members, including recourse to collective action and strikes. In its previous comments, the Committee noted that there were no legislative provisions referring to the recognition and conditions governing the right to strike of public servants not exercising authority in the name of the State and it noted the Government’s intention to take measures to determine the conditions for the exercise of the right to strike by this category of public servant. Noting that, according to the Government’s report, the process is under way of revising the General Statute governing civil servants, the Committee once again requests the Government to indicate without delay any measure adopted or envisaged on this matter.