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

Repetition

Article 1(c) of the Convention. Sanctions involving compulsory labour as a means of labour discipline. The Committee previously noted that sections 131–133 of the Labour Relations Act BE 2518 (1975), under which penalties of imprisonment (involving compulsory labour) may be imposed on any employee who violates or fails to comply with an agreement on terms of employment or a decision on a labour dispute under sections 18, 22–24, 29 and 35(4) of the Labour Relations Act, were incompatible with the Convention. The Government states that the Ministry of Labour (MOL) is trying its best to take the necessary measures to bring the Labour Relations Act into closer conformity with the Convention. To this end, the Government indicates that its Committee on Revision of Labour Relations Laws in conformity with the principles of the ILO Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), will take into consideration the provisions of the Labour Relations Act BE 2518 that are in contravention of Convention No. 105. The Committee notes in particular the Government’s indications concerning an analysis to be conducted by the above Committee on the conformity of the Act with the Convention.

The Committee reiterates the firm hope that the necessary measures will soon be taken with a view to bringing the above provisions of the Labour Relations Act into conformity with the Convention, either by repealing sanctions involving compulsory labour or by limiting their scope to acts endangering the life or health of persons. It asks the Government to provide a copy of any proposed amendments to the Labour Relations Act elaborated to this end.

Article 1(d). Sanctions involving compulsory labour as a punishment for having participated in strikes. The Committee has previously referred to the following provisions of the Labour Relations Act BE 2518 (1975), under which penalties of imprisonment (involving compulsory labour) may be imposed for participation in strikes:

• – section 140 read in conjunction with section 35(2): if the minister orders the strikers to return to work, being of the opinion that the strike may affect the national economy or cause hardship to the public or endanger national security or be contrary to public order;
• – section 139 read in conjunction with section 34(5): if the matter is awaiting the decision of the Labour Relations Committee or a decision has been given by the minister under section 23(1), (2), (6) or (8) or by the Labour Relations Committee under section 24.

While noting the Government’s intention to bring these provisions into account of the Committee on Revision of Labour Relations Laws referred to above, the Committee expresses the firm hope that the necessary measures will be taken in the near future with a view to bringing the above provisions of the Labour Relations Act into conformity with the Convention, by ensuring that no sanctions involving compulsory labour can be imposed for the mere fact of a peaceful participation in a strike.

Previously, the Committee had referred to the State Enterprise Labour Relations Act BE 2543 (2000) (SELRA), which prohibits strikes in state enterprises (section 33), violation of this prohibition being punishable with imprisonment (involving compulsory labour) for a term of up to one year; this penalty is doubled in the case of a person who instigates this offence (section 77). The Committee notes the Government’s indications in its report that the Committee on Revision of Labour Relations Laws referred to above is going to take into account the feasibility of revising the SELRA to bring it into conformity with the Convention. The Committee trusts that the necessary measures will soon be taken with a view to amending the above provisions of the SELRA in order to bring the legislation into conformity with the Convention, by providing that no sanctions involving compulsory labour can be imposed for the mere fact of a peaceful participation in a strike. It asks the Government to provide, in its next report, information on progress made in this regard.