Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Togo (Ratification: 1983)

Other comments on C098

Observation

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Article 4 of the Convention. Compulsory arbitration. The Committee recalls that its previous comments were concerned with section 260 of the Labour Code, which provides that, in the event of persistent disagreement between the parties to collective bargaining on certain points in a collective dispute, the Minister of Labour may submit the matter to an arbitration board following the failure of conciliation. The Committee recalled that the provision in question was contrary to the principle of the autonomy of the parties and the principle of free and voluntary negotiation set out in Article 4 of the Convention. The Committee recalls that compulsory arbitration is only acceptable in relation to public servants engaged in the administration of the State (Article 6), essential services in the strict sense of the term and acute national crises. The Committee notes that the Government reiterates that the amendment of section 260 is envisaged as part of the overall revision of the Labour Code. The Committee trusts that section 260 of the Labour Code will be amended in the near future so as to bring it into full conformity with the Convention and requests the Government to provide information on any developments in this regard.

Promotion of collective bargaining in practice. The Committee notes the information on the six collective agreements in force in Togo, the most recent of which, adopted in December 2016, is concerned with the commercial sector. The Committee requests the Government to continue providing information on the number of collective agreements concluded and in force in the country, the sectors concerned, and the number of workers covered by these agreements.