Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative recalled that in replying to the comments of the Committee of Experts in 1992, the Government had stated that there had been various changes and amendments following unification of the two Yemens. The Constitution of the Republic of Yemen, which was adopted by referendum following the unification, guaranteed to all citizens, without any discrimination, the right to organize trade unions freely and without any constraint. Any infringement of the Constitution, which might be found in previous legislation, would be regarded as unconstitutional and would be repealed. A draft Labour Code had been elaborated in consultation with the Confederation of Chambers of Commerce and Industry and the trade unions which tried to avoid the various defects of the old Labour Code and would be in conformity with the international Conventions ratified by Yemen. However, it had not yet been promulgated for various reasons. The new Parliament which had been elected by free democratic elections on 27 April 1993 had before it a large number of bills intended to replace former labour laws. The Government would keep the ILO informed about new developments in this area. The Government had also requested, through the Regional Adviser on International Labour Standards, technical assistance from the Office in this matter.

The Workers' members recalled that this case had been discussed in this Committee in 1985 and 1991, while in 1986 the Government had failed to appear before the Committee. Stating that this case concerned fundamental Conventions on human rights, the Workers' members expressed great concern over this long-outstanding issue, as well as their disappointment at the reply given by the Government representative. They could not accept the idea that the Government would delay action on a substantial number of points in respect of these Conventions until reformulation of the whole of the Labour Code was achieved. These were not minor points, but serious contraventions concerning questions of guaranteeing the establishment of trade unions without prior authorization, introducing the facility of trade union pluralism, lifting the ban on political activities of trade unions, non-interference of the public authorities in their financial administration, and giving foreign workers the rights to hold trade union office. The existing laws and practices in the country were not in conformity with Conventions Nos. 87 and 98. Unless there was some distinct improvement in the very near future, the Workers would be calling upon this Committee on a subsequent occasion, possibly next year, to underline this case in a special way.

The Employers' members, while fully recognizing issues relating to legislative difficulties, concurred with the Workers' members that this was indeed a serious case with a long history. In 1992 the Government had referred to the draft legislation, but it was not known whether or not this legislation remedied the fundamental problems mentioned by the Workers' members. There had never been a collective bargaining agreement in the country, as envisaged under Convention No. 98. The Employers considered it necessary for the ILO to provide some technical assistance to the Government and to examine the legislative proposals, particularly in view of the fact that the enactment of this legislation was going to take some time.

The Government representative stated that his country was most scrupulous in its respect for human rights. He reiterated that those provisions of the old Labour Code which were not in conformity with the provisions of the new Constitution were de facto null and void. Article 39 of the Constitution guaranteed the right of trade union organization, freedom of association and political rights, which would be further amplified in the new Labour Code. Before the unification of the two Yemens, these provisions had already been in effect in the southern part of the country and the Labour Code had already guaranteed all the rights of organization and the rights of workers to engage in political activity. The Treaty of Unification provided that the most favourable provisions for workers would be implemented following unification and pending the adoption of the new Constitution and the new unified Labour Code. Yemen needed time to elaborate and to implement this unified Labour Code, as well as to repeal many old laws superseded by the new Code. Technical assistance from the ILO was required in all of these legislative activities.

The Committee took note of the oral information provided by the Government representative concerning points under discussion for many years relating to Conventions Nos. 87 and 98. It noted that a draft Labour Code had been elaborated which would resolve the problems raised, and that technical assistance of the Regional Adviser on Standards had been requested. The Committee expressed its deep concern over a series of existing divergences between the current national legislation and the obligations deriving from the Conventions concerning the denial of the right to establish and join trade unions for many categories of workers, the interference of the public authorities in trade union affairs, the possibility of dissolving trade unions by administrative authority, the lack of protection against anti-union discrimination, the lack of protection against undue interference, as well as the absence of adequate provisions to encourage and promote collective bargaining. The Committee urged the Government to proceed rapidly with legislative review taking into account all the points that had been drawn to its attention. Since these matters had been the subject of concern for many years, the Committee trusted that it would be able to note concrete progress of a decisive nature, both in legislation and in practice, in the very near future. The Committee expressed its desire to review this case next year.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

The Government representative reiterated that the Conventions ratified by both Governments prior to reunification were still in force in the Republic of Yemen. She recognised the importance of the work of the Committee of Experts and confirmed that the Government would take the necessary steps to reply to the Experts' comments as soon as the new labour legislation was adopted. In reference to the Committee of Experts' comments she stated that the Yemeni Constitution guaranteed freedom of association to all citizens. The Government considered that this freedom was a fundamental right for every citizens and would endeavour to ensure observance of these ratified Conventions. She stated that once the new labour legislation was adopted, the Government would be able to guarantee the complete respect and application of these two Conventions.

The Employers' members indicated that the Government representative's statement made it seem as if the problems in this case were not very serious and that it was only a simple matter of resolving a few legislative differences. If one carefully studied the Committee of Experts' report, however, it was clear that there were some fundamental differences between the situation in Yemen and the requirements of Conventions Nos. 87 and 98. They recalled that the last time this case was discussed was in 1985 and that, in 1986, the Government failed to appear before this Committee. The following concerns were at issue: first, the right to organise of public servants and certain agricultural workers who were excluded from the scope of the Labour Cade. Apparently, according to the Committee of Experts' latest report, the problem concerning public servants had been resolved, but the Committee had requested further information to verify the implementation in practice. As concerned agricultural workers, no legislative provisions had been adopted to date to guarantee these workers the right to organise, although the Experts pointed out that agricultural associations existed. Secondly, the need for prior authorisation for the establishment of a trade union was contrary to Article 2 of the Convention. Thirdly, the Committee of Experts' report indicated that a number of provisions of the Yemeni legislation had resulted in a situation of trade union unity, whereas trade union pluralism must be possible under Convention No. 87. The fourth issue concerned the interference by public authorities in trade union activities. The fifth point concerned the prohibition of trade unions to engage in political activities of any kind. While the Employers' members agreed with the Experts' view on this point generally, they questioned the extension of the right to engage in political activities to include political strikes. Finally, there was the issue of the power of the Council of Ministers to dissolve trade unions. Among other things, there must be the possibility for judicial review in the case of dissolution and presently this was not the case. They stated that it was clear that there were serious and fundamental problems with respect to Convention No. 87 which had gone uncorrected for too long. As concerned Convention No. 98, the problem appeared to be that Yemen had no effective laws to guarantee the protection of workers against acts of anti-union discrimination. It was interesting to note that no collective agreement had ever been concluded in Yemen. This demonstrated that there was really no operational collective bargaining system there, notwithstanding the requirements of Convention No. 98. Finally, they noted that the Experts were concerned by the requirement that collective agreements must be registered and could be unilaterally revoked by the Government if they did not conform with the security and economic interests of the country. This was clearly not in conformity with Convention No. 98. They concluded that the Government had a long way to go before it could meet its obligations under both Conventions Nos. 87 and 98.

The Workers' members considered, as the Employers' members, that this Committee was confronted with a very serious case. While it was true that the Committee of Experts hd pointed out two points on which there was improvement (public servants and the Ministerial Decree of 1986), there was nevertheless a whole series of measures which needed to be taken to resolve the other points raised by the Experts and already mentioned by the Employers' members. The Experts had very clearly indicated the points on which measures needed to be taken. This Committee should make a firm request to the Government to take action to bring the legislation into conformity with the two Conventions in question. This request must be very strong as, last year, the same comments were made in reply to the Experts' comments and this gave rise to doubt as to the actual cooperation on the part of the Government to resolve the problems. The Government must, therefore, be very firmly urged to take the necessary measures in the near future.

The Government representative recalled that the new draft labour code did not contain any exception; it applied to all workers, including those in the agricultural sector. She stated that the Constitution guaranteed freedom of association as a fundamental right, even if certain texts did not completly accord this freedom. Trade union pluralism existed and it was authorised by the Government. In regard to Convention No 98, she underlined that she did not believe that there existed any type of anti-union discrimination in her country as section 14 of the labour legislation prohibited all types of discrimination against workers. In regard to the late replies to the Committee of Experts comments, she recalled that it was due to the difficulties encountered following reunification; one million Yemeni workers returned to the country and were reintegrated into the society. Despite that, she assured this Committee that the requested information would be sent as soon as the new legislation was adopted.

The Committee noted with regret the absence of reports from the Government in reply to the comments of the Committee of Experts. It nevertheless took note of the oral information provided by the Government representative as well as of the discussion which took place in the Committee. The Committee noted that the divergence between the legislation and the Convention continued, in particular as regards the serious issues of a single trade union structure set up by legislation, the interference by the public authorities in trade union activities, restrictions on trade union action to support their claims, the administrative dissolution of trade unions and the lack of measures to protect workers from anti-union discrimination. The Committee regretted that the Government has not supplied a specific reply either to the Committee of Experts or to this Committee on those important questions. It firmly hoped that the Government would be in a position to indicate the measures which have been taken or envisaged to bring its legislation and practice into conformity with the requirements of these two essential Conventions as soon as possible and that it will report to the Committee of Experts in this regard next year.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 24 August 2010 referring mostly to issues already raised by the Committee as well as violations of trade union rights of foreign workers and the cancellation of the registration of a trade union in the transport sector. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. The Law on Trade Unions (2002). In its previous comments, the Committee had indicated that the reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, indicating that “All the general trade unions establish a General Federation entitled the General Federation of Trade Unions of Yemen” could result in making it impossible to establish a second federation to represent workers’ interests. The Committee notes that the Government indicates in its report that: (i) it has never imposed any prohibition on trade-union activities; (ii) the law does not stipulate that affiliation to GFTUY is obligatory and there are many other general trade unions which are not in this federation, such as the Trade Union of Doctors, Trade Union of Pharmacists, Education Professions’ Trade Unions, Journalists’ Trade Union and Lawyers’ Trade Union; (iii) there is no monopoly in representation since, in the framework of social dialogue, the interlocutor is the most representative trade union; and (iv) at the moment, the GFTUY is the most representative association of workers. While noting that the Government does not refer to the possibility of the general trade unions to form a federation different than the GFTUY, the Committee recalls that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend the Law on Trade Union so as to repeal specific reference to the GFTUY, allowing workers and their organizations to establish and join the federation of their own choosing and to indicate the measures taken or envisaged in this regard in its next report.

Furthermore, the Committee had noted the exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). The Committee had recalled that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 57), and had requested the Government to indicate whether the categories of workers referred to in section 4 of the Law enjoy the right to establish and join trade unions. In the absence of the Government’s reply thereon, the Committee must once again reiterate the abovementioned request.

Article 3. In its previous comments, the Committee had noted that section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee had recalled that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher level trade union body, is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee had requested the Government to clarify whether, section 40(b) requires an authorization from the higher level trade union for a strike to be organized and if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention. In the absence of the Government’s reply thereon, the Committee must once again reiterate the abovementioned request.

The draft Labour Code. The Committee recalls that in its previous observations it had noted that a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention. The Committee notes the Government’s indication that with the active participation of the ILO, it is working on the enactment of the new Labour Code and that the draft Code has been referred to the Ministry of Legal Affairs, and will consequently be referred by the Ministry of Social Affairs and Labour to the Council of Ministers and afterwards to Parliament.

In this respect, the Committee must once again recall its comments concerning the draft Labour Code which read as follows:

Article 2 of the Convention. The Committee recalled that in its previous observation, it had requested the Government to ensure that domestic workers, the magistracy and the diplomatic corporations, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations ensuring their right to organize. The Committee had further requested the Government to consider revising section 173(2) of the draft Code so to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization and noted with interest the Government’s intention to do so. The Committee had noted that the Government, in its previous report, indicated that the Committee’s observations with regard to sections 3B and 173(2) of the draft Code have been taken into consideration. The Committee requests the Government to indicate any developments in this respect.

In its previous comments, the Committee had noted the Government’s indication that foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas were excluded from the scope of the draft Code under section 3B(6) and that this category of workers was covered by the specific legislation, regulations and agreements on reciprocal treatment. The Committee had therefore requested the Government to indicate whether this category of foreign workers could in practice establish and join organizations of their own choosing. In the light that no new information was provided by the Government, the Committee reiterates its previous request.

Article 3. With regard to the Committee’s previous request to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, the Committee had noted the Government’s indication that the Council of Ministers will issue such a list once the Labour Code is promulgated. The Committee requests the Government to indicate any developments in this respect.

Concerning section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike, the Committee had noted that the Government reiterates that it is willing to take into account the previous observation of the Committee to the effect that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests. It requests the Government to indicate any progress made in this regard.

Articles 5 and 6. The Committee had previously noted that section 172 of the draft Labour Code would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and that the Government had concurred that this section contradicted section 66 of the Law on Trade Unions, which ensures the right to affiliate with international organizations and the current practice. The Committee therefore expressed the hope that the Government would take the necessary measures to withdraw section 172 from the draft Labour Code. The Committee had noted the Government’s indication referring to the Law on Trade Unions which allows workers’ organizations to affiliate with the Arab, regional and international trade union federations and to contribute to their establishment. According to the Government, this Law leaves no room for any other text that might contradict its provisions. The Committee therefore once again expresses the firm hope that section 172 will be withdrawn from the draft Labour Code and requests the Government to keep it informed in this respect.

The Committee trusts that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the comments abovementioned, and once again requests the Government to indicate any development in this regard in its next report.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 29 August 2008 referring to the issues pending before the Committee.

The Law on Trade Unions (2002). The Committee had previously raised a number of points in respect of the Law on Trade Unions. In the absence of the Government’s reply thereon, the Committee must once again bring the Government’s attention to the following issues.

Article 2 of the Convention.

–      Exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). Considering that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 57), the Committee requests the Government to indicate whether the persons referred to in section 4 of the Law enjoy the right to establish and join trade unions.

–      The reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21, could result in making it impossible to establish a second federation to represent workers’ interests. The Committee considers that unification of the trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. The Committee therefore requests the Government to amend the Law on Trade Union so as to repeal specific reference to the GFTUY and to indicate the measures taken or envisaged in this respect.

Article 3.

–      Section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee considers that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher level trade union body is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee requests the Government to clarify whether, section 40(b) requires an authorization from the higher level trade union for a strike to be organized and if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention.

The draft Labour Code. The Committee recalls that in its previous observations it had noted that a draft Labour Code was under discussion and that several of its provisions were not in conformity with the Convention. In this respect, the Committee notes the Government’s indication that the observations of the General Federation of Workers’ Trade Unions of Yemen and the Employers’ representatives, the ILO and the Committee of Experts have been taken into consideration and that following discussions with the social partners, the draft Code has been approved and referred to the Ministry of Legal Affairs. The Committee notes with interest the Government’s indication that the draft Code will not be adopted unless the amendments requested by the Committee and the interested parties have been made and the approval of the social partners has been obtained.

The Committee recalls that its previous comments on the draft Labour Code concerned the following issues:

Article 2 of the Convention. The Committee recalls that in its previous observation, it had requested the Government to ensure that domestic workers, the magistracy and the diplomatic corps, excluded from the draft Labour Code (section 3B(2) and (4)), may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations ensuring their right to organize. The Committee had further requested the Government to consider revising section 173(2) of the draft Code so to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization and noted with interest the Government’s intention to do so. The Committee notes the Government’s indication that the Committee’s observations with regard to sections 3B and 173(2) of the draft Code have been taken into consideration. The Committee requests the Government to indicate any developments in this respect.

In its previous comments, the Committee had noted the Government’s indication that foreign persons holding diplomatic passports and those working in Yemen on the basis of political visas were excluded from the scope of the draft Code under section 3B(6) and that this category of workers was covered by the specific legislation, regulations and agreements on reciprocal treatment. The Committee had therefore requested the Government to indicate whether this category of foreign workers could in practice establish and join organizations of their own choosing. In the light that no new information was provided by the Government, the Committee reiterates its previous request.

Article 3. With regard to the Committee’s previous request to provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, the Committee once again notes the Government’s indication that the Council of Ministers will issue such a list once the Labour Code is promulgated. The Committee requests the Government to indicate any developments in this respect.

Concerning section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike, the Committee notes that the Government reiterates that it is willing to take into account the previous observation of the Committee to the effect that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests. It requests the Government to indicate any progress made in this regard.

Articles 5 and 6. The Committee had previously noted that section 172 of the draft Labour Code would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations and that the Government had concurred that this section contradicted section 66 of the Law on Trade Unions, which ensures the right to affiliate with international organizations and the current practice. The Committee therefore expressed trust that the Government would take the necessary measures to withdraw section 172 from the draft Labour Code. The Committee notes the Government’s indication referring to the Law on Trade Unions which allows workers’ organizations to affiliate with the Arab, regional and international trade union federations and to contribute to their establishment. According to the Government, this Law leaves no room for any other text that might contradict its provisions. The Committee therefore once again trusts that section 172 will be withdrawn from the draft Labour Code and requests the Government to keep it informed in this respect.

The Committee expresses the hope that the present legislative reform will bring the national legislation into full conformity with the Convention, in accordance with the comments above, and requests the Government to indicate any development in this regard.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

It further notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 10 August 2006 on the draft Labour Code which concern the following issues: restrictions on trade union membership and election of officers, single trade union system and strict conditions on the right to organize. The Committee requests the Government to communicate its observations on these comments in its next report.

1. The Law on Trade Unions (2002). The Committee notes the Law on Trade Unions and wishes to raise in this respect the following points:

–      Exclusion from the scope of the Law of employees of high-level public authorities and Cabinets of Ministers (section 4). Considering that senior public officials should be entitled to establish their own organizations and that the legislation should limit this category to persons exercising senior managerial or policy-making responsibilities (see 1994 General Survey on freedom of association and collective bargaining, paragraph 57), the Committee requests the Government to indicate whether the persons referred to in section 4 of the Law enjoy the right to establish and join trade unions.

–      The reference to the General Federation of Trade Unions of Yemen (GFTUY) made in sections 2 (definition of “General Federation”), 20 and 21 could result in making it impossible to establish a second federation or represent workers’ interests. The Committee considers that unification of trade union movement imposed through state intervention by legislative means runs counter to the principle embodied in Articles 2 and 11 of the Convention. The Committee therefore requests the Government to amend the Law on Trade Union so as to repeal specific reference to the GFTUY and to keep it informed of the measures taken or envisaged in this respect.

–      Section 40(b) provides that a trade union organization can organize a strike in coordination with a trade union organization of the highest level. The Committee considers that a legislative provision which requires that a decision by the first-level trade union to call a strike at the local level should be approved by a higher-level trade union body is not in conformity with the right of trade unions to organize their activities and to formulate their programmes. The Committee requests the Government to clarify whether, section 40(b) requires an authorization from the higher-level trade union for a strike to be organized and if that is the case, to take the necessary measures in order to amend the legislation so as to bring it into conformity with the Convention.

2. The draft Labour Code. (1) Article 2 of the Convention. The Committee recalls that in its previous observation, it requested the Government to indicate the measures taken or envisaged to ensure that domestic workers, excluded from the draft Labour Code (section 3(b)), may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations that ensure the right to organize for domestic workers and for the magistracy and the diplomatic corps. The Committee notes the Government’s statement that, after the promulgation of the Labour Code, the competent authorities shall promulgate legislation specific to domestic workers. Only then the Government will be able to communicate a copy of the relevant legislation. The Committee requests the Government to keep it informed of the developments in this respect. As for the magistracy and the diplomatic corps, the Government indicates that there is no specific legislation concerning their trade union rights other than the Constitution, which guarantees this right without any exemption. The Committee requests the Government to indicate whether these categories of workers can in practice establish and join organizations for furthering and defending their economic and social interests and rights.

With regard to its previous request to consider revising section 173(2) of the draft Code to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization, the Committee notes with interest that the Government indicates it will consider repealing this provision from the final draft and requests it to keep it informed of the progress made in this regard.

(2) Article 3. In its previous comments, the Committee observed that it appeared, from the draft Labour Code, that foreign workers may not be elected to trade union office. The Committee notes the Government’s explanation that the draft Code does not exclude foreign workers from taking up trade union office. Furthermore, the Government indicates that only foreign persons holding diplomatic passports and those who work in Yemen on the basis of political visas are excluded from the scope of the draft Code under section 3B(6). This category of workers is covered by the specific legislation, regulations and agreements on reciprocal treatment. The Committee requests the Government to indicate whether this category of foreign workers can in practice establish and join organizations of their own choosing.

With regard to the Committee’s previous request to provide a list of essential services referred to in section 219(3) of the draft Code which empowers the Minister to submit disputes to compulsory arbitration, the Committee notes the Government’s indication that the Council of Ministers will issue such a list once the Labour Code is promulgated.

Concerning section 211 of the draft Labour Code, which provides that strike notice must include an indication as to the duration of a strike, the Committee notes the Government’s indication that it is willing to take into account the previous observation of the Committee to the effect that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests. It requests the Government to keep it informed of the progress made in this regard.

(3) Articles 5 and 6. With regard to section 172 of the draft Labour Code which would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations, the Committee notes the Government’s indication that indeed, this section contradicts section 66 of the Law on Trade Unions which ensures the right to affiliate with international organization and the current practice, as the Federations of Trade Unions of Yemen is a member of the ICFTU. The Committee therefore trusts that the Government will take the necessary measures to withdraw section 172 from the draft Labour Code.

Finally, the Committee notes the Government’s indication that the International Labour Office provided technical cooperation on the amendment of the Labour Code. The draft legislation was prepared with the help of the ILO experts and an initial workshop was organized for its discussion. In addition to the comments on the draft legislation made by the International Labour Standards Department, the Ministry of Labour had also received comments made by the social partners. The Government states that it was currently awaiting the completion of the subsequent phase agreed upon by the Ministry of Labour and the ILO regarding the organization of a second and final tripartite workshop for the discussion of the draft amendment and the comments made by the Office. Once the final version of the draft, which would take into account the ILO’s comments and the discussion at the tripartite workshop, is prepared with the help of an ILO expert, the Government would transmit a copy thereof to the Committee and would take the necessary measures for its submission to the competent authority for promulgation. The Committee requests the Government to keep it informed of the development of this legislative process.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report. It notes in particular that the proposed amendments to the Labour Code have been communicated to the national workers’ and employers’ organizations for their comments and as soon as it has collected the observations from all of the parties, it will organize workshops aimed at presenting the draft.

The Committee trusts that amendments to the Labour Code will be adopted in the near future and that they will ensure full conformity with the Convention. In this respect, the Committee asks the Government to provide additional clarifications on the following provisions in the draft Labour Code.

Article 2 of the Convention. The Committee notes that section 3(B) of the draft Labour Code excludes the following persons from its application: members of the magistracy and the diplomatic corps and domestic workers and their employers. It observes that the exclusion concerning domestic workers further refers, however, to the issuance by the Minister of a decision on their minimum rights and fundamental rights, including their right to defend their collective rights. The Committee asks the Government to indicate, in its next report, the measures taken or envisaged to ensure that domestic workers may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations that ensure the right to organize for domestic workers and for the magistracy and the diplomatic corps.

The Committee further notes that section 173(2) of the draft Code stipulates that minors between 16 and 18 years of age can join a trade union unless their tutor opposes. The Committee considers that minors who are legally entitled to work, including apprentices, should also be able to join trade unions freely and without condition. The Committee therefore requests the Government to consider revising this provision of the draft Code to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization.

Article 3. The Committee notes that, while section 3B(6) excludes foreigners from the application of the draft Code, section 174 provides that foreigners are entitled to join trade unions. It appears, however, that foreigners may not be elected to trade union office. The Committee recalls in this respect that provisions on nationality which are too strict could deprive some workers of the right to elect their representatives in full freedom, for example migrant workers in sectors in which they account for a significant share of the workforce. It therefore considers that legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country. It therefore requests the Government to consider amending the draft Code in this respect.

The Committee further notes that section 219 of the draft Code empowers the Minister to submit disputes to compulsory arbitration where the suspension of work might affect the life, safety or health of some persons. The Committee requests the Government to indicate, in its next report, whether the Council of Ministers has made a list of such services, as provided in section 219(3) and, if so, to transmit a copy.

Finally, the Committee notes that section 211 provides that strike notice must include an indication as to the duration of a strike. Considering that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests, the Committee asks the Government to consider deleting this subsection from the draft Code.

Articles 5 and 6. With reference to its previous comments, the Committee notes from the Government’s report that section 20 of the Law on Trade Unions permits unions to form a general federation, as long as the federation is the most representative. The Government adds that there is nothing in the laws that indicates that trade union activity is the monopoly of the General Federation and that it is possible to form several general federations. Moreover, general trade unions form a federation for each occupation. The Committee requests the Government to clarify whether it is possible to form a general federation even if it cannot be considered to be the most representative.

The Committee further notes that section 172 of the draft Labour Code would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations. The Committee asks the Government to consider modifying this section so that workers’ organizations may freely affiliate with international workers’ organizations, in accordance with Articles 5 and 6 of the Convention.

The Committee trusts that the Government will take all of the abovementioned points into consideration before adopting the draft Labour Code and requests it to indicate in its next report the progress made in this regard.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. The Committee also notes the Government’s indication that it will transmit a copy of the Law on Trade Unions, which it will examine at its next meeting.

The Committee further notes the Government’s indication that the draft amendments to the Labour Code are being prepared in collaboration with the social partners. The Committee trusts that the amendments will take into account the following concerns previously expressed by the Committee:

-           the reference to the General Federation of Trade Unions made in certain provisions of the Labour Code and, in particular, in sections 2, 131(c) and 145(2), which could result indirectly in making it impossible to establish a second federation to represent workers’ interests;

-           the strict conditions for exercise of strike action set out in sections 130, 137, 139, concerning compulsory arbitration, and section 145, concerning the prior approval by the General Federation of Trade Unions in order to call a strike;

-           the restricted scope of coverage of the code as concerns foreign and casual workers, domestic workers and similar categories and certain agricultural workers (section 4).

The Committee requests the Government to transmit the amendments of the Labour Code once they are adopted.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

The Committee notes the adoption of the Law on Trade Unions and requests the Government to supply a copy of this legislation with its next report so that the Committee may examine its conformity with the provisions of the Convention at its next meeting.

The Committee notes the Government’s statement that, in collaboration with the social partners, it is preparing draft amendments to the Labour Code. It further notes the Government’s indication that the General Union of Yemeni Trade Unions was not appointed by the public authority but rather elected by the trade unions. The Committee must, however, once again recall that while the purpose of the Convention was clearly not to make trade union diversity an obligation, it does at the very least require that diversity remain possible in all cases. It considers that the naming of a particular union confederation in the legislation renders such diversity impossible; for instance, if in the future some trade unions were to desire to form a different confederation. The Committee therefore trusts that the new amendments will take into account this issue and the previous concerns of the Committee, in particular those regarding strict conditions for exercising strike action and the right to organize of workers not covered by the current Labour Code. The Committee requests the Government to keep it informed of the developments in this respect and to provide a copy of the abovementioned legislation once it has been adopted.

[The Government is asked to report in detail in 2003.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the information provided by the Government in its latest report. It also takes due note of the 1999 Bill on trade unions and wishes to raise the following points.

Article 2 of the Convention. The Committee for a number of years has requested the Government to amend or repeal the provisions on trade union monopoly which remained in  the Labour Code of 1995 (sections 2, 131(c) and 145(2)). In this respect, the Committee notes with concern that the new Bill of 1999 also refers by name to the General Federation, in particular, in sections 2, 13, 18, 32 and 62 and that sections 19 and 52 provide that this Confederation shall assume the leadership of the trade union movement. The Committee recalls that although it was clearly not the purpose of the Convention to make trade union diversity an obligation, it does at the very least require this diversity to remain possible in all cases. There is a fundamental difference between, on the one hand, a trade union monopoly established or maintained by law and, on the other hand, voluntary groupings of workers or unions that occur without pressure from the public authorities, or due to the law. Convention No. 87 implies that pluralism should remain possible in all cases (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 91 and 96). The Committee takes due note of the information provided by the Government in its report that it is currently reviewing the drafting of a few provisions of the Labour Code so as to insert some amendments in the light of the comments made by the Committee as well as re-examine the draft Bill on trade unions which was accepted by the Council of Ministers, and which has been referred to the legislative authority. The Committee expresses the firm hope that the necessary measures will be taken to amend the Labour Code and draft Bill in order to delete all references to specific unions or confederations and requests that the Government keep it informed of any developments in this respect.

Article 3. In its previous comments, the Committee had also requested that the Government amend or repeal restrictions on industrial action by trade unions (section 16 of Ministerial Order No. 42 of 1975 concerning procedures for the settlement of labour disputes). The Committee had noted that certain provisions of the Code set out conditions for legitimate strike action which were too strict, namely that strikes could only be called following the completion of dispute settlement procedures, and that under sections 130, 137 and 139 of the Code the dispute could be referred to compulsory arbitration at the request of only one of the parties and the exercise of the right to strike could be suspended for 85 days. The strike call must have been submitted to the general trade union concerned, it must have been signed by two-thirds of its members and the trade union committee must have obtained written approval from the General Federation of Trade Unions. The strike must concern more than two-thirds of the workforce of the employer concerned and three weeks’ notice of intention to strike must be given (section 145). The Committee considers that the fact that strike action must be approved by the General Federation of Trade Unions, by its very nature restricts the right of trade union organizations to organize their activities and to further and defend workers’ interests. The Committee therefore had requested the Government to repeal the provisions concerning the prior approval by the General Federation of Trade Unions in order to call a strike and to amend the provisions concerning arbitration which considerably restrict the exercise of the right to strike. Noting the indications in the Government’s latest report that it will take the comments of the Committee into consideration with respect to provisions covering strikes in the Labour Code, and will make the necessary amendments thereto, the Committee requests the Government to indicate in its next report the progress made in this regard.

The Committee further notes from the Government’s report that the draft Bill on trade unions clarifies many texts dealing with freedom of association, the right to organize, the establishment of political parties, etc. In this regard, the Committee notes that sections 13 to 28 of the Bill deal with the organizational structure of trade unions as well as the bodies of the Confederation in a very detailed manner and therefore limit the right of workers to organize freely their administration in accordance with Article 3 of the Convention. The Committee therefore requests that the Government amend the Bill so as to eliminate such interference in the right of workers’ organizations to organize their administration.

Given the importance of the discrepancies between the draft Bill on trade unions and the provisions of the Convention, the Committee draws the Government’s attention to the availability of ILO technical assistance in respect of the abovementioned matters should it so desire.

As concerns workers who are not covered by the Labour Code (i.e. foreign and casual workers, domestic workers and certain agricultural workers), the Committee had requested the Government to indicate whether and in accordance with which provision it recognizes such workers’ right to organize for the defence of their interests. The Committee notes the information provided by the Government in its latest report to the effect that the Minister of Labour and Vocational Training is currently preparing, by virtue of section 4 of the Labour Code, draft texts concerning such workers. The Committee requests the Government to supply the relevant drafts, as well as the text of any new regulations made under the new Labour Code and any other applicable texts.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the new Labour Code (Act No. 5 of 1995).

Referring to its previous observations, the Committee notes with satisfaction that a certain number of legislative provisions or regulations which had been the subject of its comments are no longer included in the 1995 Labour Code, thereby improving the application of Articles 2, 3 and 4 of the Convention.

In its previous observations, the Committee had requested the Government to amend or repeal the following provisions:

-- the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the Regulations concerning the model statutes of the General Trade Union of Manual and Non-Manual Employees);

-- the high number of workers required to form trade unions (50 for a trade union or trade union committee and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 51 of its Regulations).

The Committee had considered these provisions to be contrary to Article 2 of the Convention. It notes with interest that the provisions of the former Labour Code concerning prior authorization for the establishment of a trade union or a federation and the provisions which required an excessively high number of workers to form a trade union have not been included in the new Labour Code of 1995.

The Committee had also requested the Government, in its previous observations, to amend or repeal the following provisions:

-- the powers of the public authorities to interfere in the financial management of trade unions (sections 13(2) and (4), and 133(13) and (14) of the Labour Code of 1970), trade union activities (sections 145(2) and 34 of its Regulations) and the drawing up of statutes (sections 150 of the Code and 162 of its Regulations);

-- the prohibition on political activities by trade unions (section 132 of the Code);

-- the denial of the right of foreign workers to hold trade union office (section 142(3) of the Code).

The Committee considered such provisions were contrary to Article 3 of the Convention. It notes with interest that the provisions in question have not been included in the new Labour Code.

The Committee also requested the repeal or amendment of the provision which allowed the administrative dissolution of a trade union (section 157 of the Labour Code of 1970), which is contrary to Article 4 of the Convention. It notes with interest that the provision in question has not been included in the new Code. Moreover, the Committee notes that section 162 of the Code repeals the provisions of the Labour Code of 1970, as well as any text or provision which is contrary to the provisions of the Code.

The Committee requests the Government to supply copies of the regulations of the Labour Code currently in force to enable it to examine their conformity with the Convention.

In addition, the Committee had also requested the Government to amend or repeal the provisions on trade union monopoly (sections 129, 138, 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its Regulations). The Committee notes, in this respect, that the majority of provisions on which it had previously commented have not been included in the new Labour Code, but that the Labour Code of 1995 continues to refer by name to the General Federation of Trade Unions in certain provisions and, in particular, in sections 2, 131(c) and 145(2). The Committee considers that such provisions could result indirectly in making it impossible to establish a second federation to represent workers' interests.

In this respect, the Committee wishes to recall that if the Convention pronounces neither in favour of a system of trade union diversity nor of a single trade union system, it implies that pluralism should remain possible in all cases and that workers should remain free to choose to set up unions outside the established structures, should they so wish. (See General Survey on freedom of association and collective bargaining, 1994, paragraphs 92 and 96.) Therefore, the Committee requests the Government to withdraw the reference by name to the General Federation of Trade Unions and, if it so wishes, to replace it by the concept of the most representative federations.

The Committee also requested the Government to amend or repeal restrictions on industrial action by trade unions (section 16 of Ministerial Order No. 42 of 1975 concerning procedures for the settlement of labour disputes).

It recalled that these provisions are contrary to the right of workers and their organizations to organize their activities and to formulate their programme of action for furthering and defending their economic, social and professional interests, including the right to strike, without interference from the public authorities, in accordance with the principles set forth in Articles 3 and 10 of the Convention.

The Committee notes with interest that the current Labour Code recognizes the right to strike and provides for a system for the settlement of disputes (sections 128 -143) which must be complied with for these rights to come into force. Legitimate strike action is governed by sections 144-150 of the Code.

However, the Committee notes that the Code sets outs conditions which are too strict for a strike to be legitimate, namely that it can only be called following the completion of the procedures for the settlement of disputes, and under sections 130, 137 and 139 of the Code the dispute can be referred to compulsory arbitration at the request of only one of the parties (employer or worker) and the exercise of the right to strike can be suspended for 85 days. It must be approved by 25 per cent of workers in a general assembly attended by a minimum of 60 per cent of the total number of workers in the service of the employer concerned. The strike call must have been submitted to the general trade union concerned, it must have been signed by two-thirds of its members and the trade union committee must have obtained written approval from the General Federation of Trade Unions. The strike must concern more than two-thirds of the workforce of the employer concerned and three weeks' notice of intention to strike must have been given (section 145). When the strike takes place, it must comply with the procedure laid down in the Labour Code (section 146). Legitimate strikes may not incur sanctions against workers or dismissals (section 148(2)). The Committee considers that the fact that strike action must be approved by the General Federation of Trade Unions, by its very nature restricts the right of trade union organizations to organize their activities and to further and defend workers' interests.

The Committee requests the Government to amend the provisions concerning arbitration which considerably restrict the exercise of the right to strike and to repeal the provisions concerning the prior approval by the General Federation of Trade Unions in order to call a strike in order to bring its legislation into fuller conformity with the principles of freedom of association.

The Committee also requests the Government to indicate whether section 162 of the Code repeals section 16 of Ministerial Order No. 42 of 1975.

Finally, the Committee notes that foreign and casual workers, domestic workers and similar categories and certain agricultural workers are only subject to the application of the Code under certain conditions (section 3). The Committee requests the Government to indicate whether and in accordance with which provision it recognizes these workers' right to organize for the defence of their interests.

The Committee had, moreover, been informed of the drawing up of a draft Bill on trade unions. It requests the Government to supply the text as soon as it is adopted, as well as the text of any regulations to the new Labour Code and any other applicable texts, in particular, the Act respecting associations and cooperatives and the Trade Union Act mentioned in the 1991 Act respecting the public service.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which reads as follows:

Referring to its previous comments, the Committee recalls that for several years it has been requesting the Government to expressly amend or repeal the following legislative provisions: (a) - the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of Manual and Non-Manual Employees); - the inclusion of a single trade union system in the law (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its regulations); - the high number of workers required to establish trade unions (50 for a trade union or a trade union committee, and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 55 of its regulations), which are contrary to Article 2 of the Convention which provides that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee also recalls that workers must be able to establish, if they so wish, trade unions outside the existing trade union structure; (b) - the powers of the public authorities to interfere in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of its regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of its regulations); - the prohibition on political activities by trade unions (section 132 of the Labour Code); and - the denial of the right of foreign workers to hold trade union office (section 142(3) of the Labour Code), which are contrary to Article 3 which provides that workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities without interference by the public authorities; (c) - the restrictions placed on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes), which is contrary to the right of workers and their organizations to organize their activities and formulate their programmes in defence of their economic, social and professional interests, also by calling a strike without interference from the public authorities, in accordance with the principles contained in Articles 3 and 10; (d) - the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code), which is contrary to Article 4, under which workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority. The Committee takes due note of the information provided by the Government in its report to the effect that the Unification Agreement concluded between North and South Yemen provides for the application of the most favourable laws and regulations of the two countries, pending the promulgation of unified legislation. As regards labour law, the Government indicates that the new Labour Code will soon be discussed by Parliament (legislative power). Until its promulgation, the Government indicates that the Basic Labour Code (Act No. 14 of 1978) which does not provide for any of the restrictions under the Labour Code of 1970, will apply to all labour matters. More precisely, with regard to violations of Article 2 mentioned in the Committee's prior observations, the Government refers to article 39 of the Constitution of Yemen and section 93 of the Basic Labour Code (Act No. 14 of 1978) which guarantee to workers the right to establish and join organizations of their own choosing without having to obtain prior authorization, in accordance with the rules and regulations decided and set by these organizations, which are not subject to registration by any state authority. As regards violations of Article 3, the Government declares that the establishment and subsequent operation of trade unions are not subject to any financial or administrative supervision of the public authorities. Financial supervision of trade unions, if any, is practised by the General Confederation of Trade Unions and by the general meetings of trade unions. Finally, as regards the restrictions placed on the activities of trade unions, the Government refers amongst others, to section 93(c) of the Basic Labour Code that provides that the Federation of Trade Unions is entitled to call a strike in accordance with its own regulations and decisions. The Committee would like to recall that the right to strike is one of the essential means that should be available to workers and their organizations at all levels for the promotion and protection of their economic and social interests and that any limitations on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee expresses once again the firm hope that the Government will be able to supply information in its next report on the measures which have been taken expressly to repeal or amend the legal provisions contrary to the requirements of the Convention and to bring them into conformity with the principles of freedom of association and, in particular, through the adoption of the new Labour Code.

The Committee was later informed that a draft law on trade union organizations has been prepared; it expresses the firm hope that the provisions of this law will be in conformity with the requirements of the Convention. The Committee reminds the Government that ILO technical assistance is available if it so wishes.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Referring to its previous comments, the Committee recalls that for several years it has been requesting the Government to expressly amend or repeal the following legislative provisions:

(a) -- the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of Manual and Non-Manual Employees);

-- the inclusion of a single trade union system in the law (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its regulations);

-- the high number of workers required to establish trade unions (50 for a trade union or a trade union committee, and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 55 of its regulations),

which are contrary to Article 2 of the Convention which provides that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee also recalls that workers must be able to establish, if they so wish, trade unions outside the existing trade union structure;

(b) -- the powers of the public authorities to interfere in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of its regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of its regulations);

-- the prohibition on political activities by trade unions (section 132 of the Labour Code); and

-- the denial of the right of foreign workers to hold trade union office (section 142(3) of the Labour Code),

which are contrary to Article 3 which provides that workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities without interference by the public authorities;

(c) -- the restrictions placed on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes),

which is contrary to the right of workers and their organizations to organize their activities and formulate their programmes in defence of their economic, social and professional interests, also by calling a strike without interference from the public authorities, in accordance with the principles contained in Articles 3 and 10;

(d) -- the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code),

which is contrary to Article 4, under which workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority.

The Committee takes due note of the information provided by the Government in its report to the effect that the Unification Agreement concluded between North and South Yemen provides for the application of the most favourable laws and regulations of the two countries, pending the promulgation of unified legislation. As regards labour law, the Government indicates that the new Labour Code will soon be discussed by Parliament (legislative power). Until its promulgation, the Government indicates that the Basic Labour Code (Act No. 14 of 1978) which does not provide for any of the restrictions under the Labour Code of 1970, will apply to all labour matters.

More precisely, with regard to violations of Article 2 mentioned in the Committee's prior observations, the Government refers to article 39 of the Constitution of Yemen and section 93 of the Basic Labour Code (Act No. 14 of 1978) which guarantee to workers the right to establish and join organizations of their own choosing without having to obtain prior authorization, in accordance with the rules and regulations decided and set by these organizations, which are not subject to registration by any state authority.

As regards violations of Article 3, the Government declares that the establishment and subsequent operation of trade unions are not subject to any financial or administrative supervision of the public authorities. Financial supervision of trade unions, if any, is practised by the General Confederation of Trade Unions and by the general meetings of trade unions.

Finally, as regards the restrictions placed on the activities of trade unions, the Government refers amongst others, to section 93(c) of the Basic Labour Code that provides that the Federation of Trade Unions is entitled to call a strike in accordance with its own regulations and decisions. The Committee would like to recall that the right to strike is one of the essential means that should be available to workers and their organizations at all levels for the promotion and protection of their economic and social interests and that any limitations on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

The Committee expresses once again the firm hope that the Government will be able to supply information in its next report on the measures which have been taken expressly to repeal or amend the legal provisions contrary to the requirements of the Convention and to bring them into conformity with the principles of freedom of association and, in particular, through the adoption of the new Labour Code.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the information provided by a Government representative to the Conference Committee in June 1993.

The Committee notes that, despite the assurances given by the Government in its previous report and to the Conference in June 1993, to the effect that it was undertaking a review of the national legislation with a view to bringing it into conformity with the requirements of the Convention, the Government merely repeats in its report the comments and information provided previously.

Under these conditions, the Committee recalls that for several years its comments have concerned the need to repeal or amend the following legislative provisions:

(a) - the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of Manual and Non-Manual Employees);

- the inclusion of a single trade union system in the law (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its regulations);

- the high number of workers required to establish trade unions (50 for a trade union or a trade union committee, and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 55 of its regulations),

which are contrary to Article 2 of the Convention which provides that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee also recalls that workers must be able to establish, if they so wish, trade unions outside the existing trade union structure;

(b) - the powers of the public authorities to interfere in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of its regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of its regulations);

- the prohibition on political activities by trade unions (section 132 of the Labour Code); and

- the denial of the right of foreign workers to hold trade union office (section 142(3) of the Labour Code),

which are contrary to Article 3 which provides that workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities without interference by the public authorities;

(c) - the restrictions placed on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes),

which is contrary to the right of workers and their organizations to organize their activities and formulate their programmes in defence of their economic, social and professional interests, also by calling a strike without interference from the public authorities, in accordance with the principles contained in Articles 3 and 10.

The Committee recalls in this respect that any restrictions or limitations on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on Freedom of Association and Collective Bargaining, paras. 158 and 159);

(d) - the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code),

which is contrary to Article 4, under which workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority.

The Committee expresses the firm hope that the Government will be able to supply information in its next report on the measures which have actually been taken to bring all of the above legal provisions into conformity with the requirements of the Convention and, in particular, to adopt the new Labour Code, the draft text of which was prepared with the technical assistance of the Office.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes with interest the Government's report and the information provided by a Government representative at the Conference in June 1991, as well as section 39 of the Constitution of May 1991 and sections 126, 127 and 128 of Act No. 19 of 1991 issuing the general conditions of service of the public service, which guarantee the right to organize of all citizens, including the right of public servants to establish and join organizations of their own choosing.

The Committee notes the assurances given by the Government that freedom of association is a basic right of each citizen and that it has undertaken to guarantee the respect and satisfactory application of the Convention through the enactment of new labour legislation which will take into account the comments of the Committee in the draft texts of a new Labour Code and a Bill respecting trade unions.

In this context, the Committee recalls that it is necessary to bring the legislation into conformity with the Convention on the following points:

- guaranteeing the establishment of trade unions without prior authorization (section 154 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of manual and non-manual employees);

- introducing trade union pluralism for all workers by amending sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of the Regulations which introduce a single trade union system in law;

- reducing the high number of workers required to establish trade unions (sections 21, 137, 138 and 139 of the Labour Code; section 55 of the Regulations);

- abolishing the powers of the public authorities to interfere in; (a) the financial administration of trade unions (sections 132(2) and (4) and 133 (13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of the Regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of the Regulations);

- raising the prohibition on political activities by trade unions (section 132 of the Labour Code) and the restrictions placed on their activities to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes);

- giving foreign workers the right to hold trade union office, at least after a reasonable period of residence in the country (section 142(3) of the Labour Code); and

- abolishing the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code).

The Committee reminds the Government that the Office is at its disposal for any assistance which it might need for the preparation of amendments to give effect to the Convention.

The Committee requests the Government to indicate any progress achieved in these fields in its next report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

North Yemen

Referring to its general observations the Committee notes that the Government's report has not been received. It recalls its previous direct request, which read as follows:

The Committee notes that, under the terms of section 142(3) of the Labour Code, the right to be elected to the executive committee of a general trade union, a branch trade union or a trade union committee is reserved to citizens of Yemen, in accordance with the Naturalisation Act.

The Committee emphasises that this provision restricts the right of organisations to elect their representatives in full freedom, in accordance with Article 3 of the Convention. It asks the Government to envisage making the legislation more flexible so as to enable foreign workers to have access to trade union office, at least after a reasonable period of residence in the host country (see, General Survey on Freedom of Association, 1983, paras. 159 and 160).

The Committee trusts that the legislative revision that is taking place will take this point into consideration and asks the Government to supply the relevant text with its next report.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

North Yemen

Referring to its general observation the Committee notes that the Government's report has not been received. It recalls its previous observation which read as follows:

For several years, the Committee has been noting a number of discrepancies between the legislation and the Convention, concerning the following points: Article 2 of the Convention - The exclusion of public servants, employees and manual workers employed in the state administration and certain agricultural workers from the scope of the Labour Code (section 3) - Prior authorisation for the establishment of a trade union (section 154 of the Labour Code; section 57 of the Regulations respecting the model statutes of the general trade union of manual and non-manual employees). - Single trade union structure (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of the Regulations). - The high number of workers required to establish trade union bodies: 50 for a trade union, 50 for a trade union committee and 100 for a general trade union (sections 21, 137, 138 and 139 of the Labour Code and section 55 of the Regulations). Article 3 of the Convention - Interference by the public authorities in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of the Regulations); (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of the Regulations) - The prohibition on political activities (section 132 of the Labour Code) and restrictions on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes). Article 4 of the Convention - The dissolution of a trade union by administrative authority (section 157 of the Labour Code). The right to organise of public servants and certain agricultural workers With regard to public servants employed in the administration of the State who are excluded from the scope of the Labour Code, the Committee notes with interest that Act No. 49 of 1977 concerning the terms and conditions of employment of state employees has been amended by Act No. 1 of 1988 respecting the public service and that trade union organisations exist in all provinces. In this connection, the Committee notes that trade unions have been established in various public establishments. The Committee recalls that the Convention applies to all workers, without distinction whatsoever, with the exception of the armed forces and the police (Article 9 of the Convention) and requests the Government to indicate whether the right to organise is recognised for all public servants, particularly those engaged in the administration of the State and the staff of teaching establishments. It also requests the Government to continue supplying information on the development of the unionisation process by indicating, in particular, the number of workers and sectors covered by this process, and it requests it to supply the text of Act No. 1 of 1988. With regard to the agricultural workers who are excluded from the scope of the Labour Code, the Committee notes that, according to the Government, they are organised into associations with the role of supplying their members with the assistance that they need, while at the same time seeking to further the interests of the national economy, in accordance with Act No. 11 of 1963 respecting associations. The Committee requests the Government to indicate the legislative provisions which guarantee agricultural workers the right to organise and requests it to supply the text of Act No. 11 of 1963 and the text of the by-laws of the agricultural workers' associations mentioned by the Government with its next report. Prior authorisation for the establishment of a trade union. For several years the Committee has been noting that the establishment of a trade union is subject to obtaining authorisation from the competent authorities, whose role is, among other things, to ascertain the allegiances of the persons submitting the application and make sure that they have not been accused of jeopardising the security of State or sentenced for dishonourable acts, in accordance with section 154 of the Labour Code. The Committee also notes that section 57 of the Regulations is more restrictive than the Labour Code, since the examination of the application deals with whether the applicant has been sentenced for a crime or a dishonourable offence. The Committee requests the Government to indicate under which provisions of the Labour Code and the Regulations the authorities make their decision. It also requests the Government to indicate the offences covered by section 57 of the Regulations. The unitary structure of the trade union organisation. In its previous comments, the Committee noted that the trade union organisation set up by the legislation resulted in a single trade union structure by providing for: the existence of only one trade union committee per occupation and per enterprise and for only one branch of a general union per occupation and per town, gathered together in one federation (sections 129, 138, 139 and 158 of the Labour Code and sections 41 and 43 of the Regulations); the establishment of only one federation in the Republic (section 5(h) of the Regulations); and the supervision of base-level trade unions by higher trade union bodies (sections 42 and 47(a) of the Regulations). It also noted that authorisation for the creation of a trade union committee was only given if there were at least 50 workers in the enterprise or in the same occupation and that this figure was raised to 100 for the establishment of a trade union (sections 2, 137 and 138 of the Labour Code and section 55 of the Regulations). While it is not for the Committee to favour either trade union unity or trade union pluralism, the principle set forth in Article 2 of the Convention, under which all workers shall have the right to establish and join organisations of their own choosing, implies that trade union pluralism should be possible. In the Committee's opinion, by only permitting the establishment of one trade union under the above conditions, the legislation does not observe this principle. The Committee therefore requests the Government to take measures in order to guarantee workers the right, should they so wish, to establish trade unions outside the existing trade union structure. Interference by the public authorities For several years, the Committee has been noting that the legislation empowers the public authorities to intervene in the activities of trade unions, particularly by making a number of financial operations subject to prior authorisation by the Minister (section 132(2), (4) and (6) of the Labour Code), by imposing the allocation of trade unions' funds for certain items of expenditure (section 133(13) and (14) of the Labour Code), by providing for the supervision of the constituent assemblies of trade unions by a representative of the labour administration (section 145(2) of the Labour Code and section 34 of the Regulations) and by empowering the labour administration to amend at any time the rules of a trade union (section 150 of the Labour Code and section 62 of the Regulations). The Committee points out that under the terms of Article 3 of the Convention, workers' organisations have the right to organise their administration, elect their representatives in full freedom and draw up their constitutions and rules without the public authorities interfering to restrict this right or impede the lawful exercise thereof. The Committee therefore requests the Government to amend the above provisions in order to bring the legislation into conformity with the Convention in this respect. Political activities and restrictions on trade union action to support their claims In its previous comments, the Committee noted that trade unions were not authorised to undertake political activities (section 132 of the Labour Code) and that by virtue of section 16 of Ministerial Order No. 42 of 1975, any action to support a claim could be stopped if, in the Minister's opinion the dispute was becoming important. In its report, the Government emphasises that the workers and their trade unions participate in the various political activities of the country on the same basis as the rest of the population. It also indicates that Order No. 42 of 1975 has been amended by Ministerial Order No. 4 of 1986 respecting the procedural rules before arbitration committees, in such a way that these orders, read in conjunction with the Labour Code, guarantee all the rights and obligations of the social partners. While noting this information, the Committee points out that the right of trade union organisations to organise their activities and formulate their programmes implies that these same organisations can turn their attention to problems of general interest, and therefore of a political nature in the widest sense of the term, and publicly demonstrate their opinion concerning economic and social policy with the purpose of defending the interests of their members. In this context the Committee also points out that the right to call a strike is one of the essential means which ought to be available to these organisations to defend the interests of their members (Article 10 of the Convention), and that the official disputes settlements procedure must not be such as to limit the exercise of the right to strike. The Committee therefore requests the Government to supply information on the rights and duties of workers' organisations in relation to the right to strike. It also requests the Government to supply a copy of Ministerial Order No. 4 of 1986. Dissolution by administrative authority For several years, the Committee has been noting that section 157 of the Labour Code empowers the Council of Ministers to dissolve a trade union, contrary to the terms of Article 4 of the Convention. The Committee points out that the dissolution of a trade union is an extremely serious step which must therefore be accompanied by the appropriate legal protection. Furthermore, in accordance with the principles set forth in Article 4 under which workers' organisations cannot be dissolved by administrative authority, it should be possible to appeal to the judicial authorities before a decision taken by the administrative authority takes effect and the judicial authorities should also be competent to examine the basis of the case and study the grounds for the dissolution or suspension of an organisation. The Committee therefore requests the Government to take the necessary steps to give effect to the Convention on this point.

TEXT

The Committee trusts that the legislative revision that is taking place will take all these points into consideration and asks the Government to supply the relevant texts in its next report.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes that, under the terms of section 142(3) of the Labour Code, the right to be elected to the executive committee of a general trade union, a branch trade union or a trade union committee is reserved to citizens of Yemen, in accordance with the Naturalisation Act.

The Committee emphasises that this provision restricts the right of organisations to elect their representatives in full freedom, in accordance with Article 3 of the Convention. It asks the Government to envisage making the legislation more flexible so as to enable foreign workers to have access to trade union office, at least after a reasonable period of residence in the host country (see, General Survey on Freedom of Association, 1983, paragraphs 159 and 160).

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report.

For several years, the Committee has been noting a number of discrepancies between the legislation and the Convention, concerning the following points:

Article 2 of the Convention

- The exclusion of public servants, employees and manual workers employed in the State administration and certain agricultural workers from the scope of the Labour Code (section 3).

- Prior authorisation for the establishment of a trade union (section 154 of the Labour Code; section 57 of the Regulations respecting the model statutes of the general trade union of manual and non-manual employees).

- Single trade union structure (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of the Regulations).

- The high number of workers required to establish trade union bodies: 50 for a trade union, 50 for a trade union committee and 100 for a general trade union (sections 21, 137, 138 and 139 of the Labour Code and section 55 of the Regulations).

Article 3 of the Convention

- Interference by the public authorities in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of the Regulations); (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of the Regulations).

- The prohibition on political activities (section 132 of the Labour Code) and restrictions on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes).

Article 4 of the Convention

- The dissolution of a trade union by administrative authority (section 157 of the Labour Code).

The right to organise of public servants and certain agricultural workers

With regard to public servants employed in the administration of the State who are excluded from the scope of the Labour Code, the Committee notes with interest that Act No. 49 of 1977 concerning the terms and conditions of employment of state employees has been amended by Act No. 1 of 1988 respecting the public service and that trade union organisations exist in all provinces. In this connection, the Committee notes that trade unions have been established in various public establishments.

The Committee recalls that the Convention applies to all workers, without distinction whatsoever, with the exception of the armed forces and the police (Article 9 of the Convention) and requests the Government to indicate whether the right to organise is recognised for all public servants, particularly those engaged in the administration of the State and the staff of teaching establishments. It also requests the Government to continue supplying information on the development of the unionisation process by indicating, in particular, the number of workers and sectors covered by this process, and it requests it to supply the text of Act No. 1 of 1988.

With regard to the agricultural workers who are excluded from the scope of the Labour Code, the Committee notes that, according to the Government, they are organised into associations with the role of supplying their members with the assistance that they need, while at the same time seeking to further the interests of the national economy, in accordance with Act No. 11 of 1963 respecting associations.

The Committee requests the Government to indicate the legislative provisions which guarantee agricultural workers the right to organise and requests it to supply the text of Act No. 11 of 1963 and the text of the by-laws of the agricultural workers' associations mentioned by the Government with its next report.

Prior authorisation for the establishment of a trade union

For several years the Committee has been noting that the establishment of a trade union is subject to obtaining authorisation from the competent authorities, whose role is, among other things, to ascertain the allegiances of the persons submitting the application and make sure that they have not been accused of jeopardising the security of State or sentenced for dishonourable acts, in accordance with section 154 of the Labour Code.

The Committee also notes that section 57 of the Regulations is more restrictive than the Labour Code, since the examination of the application deals with whether the applicant has been sentenced for a crime or a dishonourable offence.

The Committee requests the Government to indicate under which provisions of the Labour Code and the Regulations the authorities make their decision. It also requests the Government to indicate the offences covered by section 57 of the Regulations.

The unitary structure of the trade union organisation

In its previous comments, the Committee noted that the trade union organisation set up by the legislation resulted in a single trade union structure by providing for: the existence of only one trade union committee per occupation and per enterprise and for only one branch of a general union per occupation and per town, gathered together in one federation (sections 129, 138, 139 and 158 of the Labour Code and sections 41 and 43 of the Regulations); the establishment of only one federation in the Republic (section 5(h) of the Regulations); and the supervision of base-level trade unions by higher trade union bodies (sections 42 and 47(a) of the Regulations). It also noted that authorisation for the creation of a trade union committee was only given if there were at least 50 workers in the enterprise or in the same occupation and that this figure was raised to 100 for the establishment of a trade union (sections 2, 137 and 138 of the Labour Code and section 55 of the Regulations).

While it is not for the Committee to favour either trade union unity or trade union pluralism, the principle set forth in Article 2 of the Convention, under which all workers shall have the right to establish and join organisations of their own choosing, implies that trade union pluralism should be possible. In the Committee's opinion, by only permitting the establishment of one trade union under the above conditions, the legislation does not observe this principle.

The Committee therefore requests the Government to take measures in order to guarantee workers the right, should they so wish, to establish trade unions outside the existing trade union structure.

Interference by the public authorities

For several years, the Committee has been noting that the legislation empowers the public authorities to intervene in the activities of trade unions, particularly by making a number of financial operations subject to prior authorisation by the Minister (section 132(2), (4) and (6) of the Labour Code), by imposing the allocation of trade unions' funds for certain items of expenditure (section 133(13) and (14) of the Labour Code), by providing for the supervision of the constituent assemblies of trade unions by a representative of the labour administration (section 145(2) of the Labour Code and section 34 of the Regulations) and by empowering the labour administration to amend at any time the rules of a trade union (section 150 of the Labour Code and section 62 of the Regulations).

The Committee points out that under the terms of Article 3 of the Convention, workers' organisations have the right to organise their administration, elect their representatives in full freedom and draw up their constitutions and rules without the public authorities interfering to restrict this right or impede the lawful exercise thereof.

The Committee therefore requests the Government to amend the above provisions in order to bring the legislation into conformity with the Convention in this respect.

Political activities and restrictions on trade union action to support their claims

In its previous comments, the Committee noted that trade unions were not authorised to undertake political activities (section 132 of the Labour Code) and that by virtue of section 16 of Ministerial Order No. 42 of 1975, any action to support a claim could be stopped if, in the Minister's opinion the dispute was becoming important.

In its report, the Government emphasises that the workers and their trade unions participate in the various political activities of the country on the same basis as the rest of the population. It also indicates that Order No. 42 of 1975 has been amended by Ministerial Order No. 4 of 1986 respecting the procedural rules before arbitration committees, in such a way that these orders, read in conjunction with the Labour Code, guarantee all the rights and obligations of the social partners.

While noting this information, the Committee points out that the right of trade union organisations to organise their activities and formulate their programmes implies that these same organisations can turn their attention to problems of general interest, and therefore of a political nature in the widest sense of the term, and publicly demonstrate their opinion concerning economic and social policy with the purpose of defending the interests of their members. In this context the Committee also points out that the right to call a strike is one of the essential means which ought to be available to these organisations to defend the interests of their members (Article 10 of the Convention), and that the official disputes settlements procedure must not be such as to limit the exercise of the right to strike.

The Committee therefore requests the Government to supply information on the rights and duties of workers' organisations in relation to the right to strike. It also requests the Government to supply a copy of Ministerial Order No. 4 of 1986.

Dissolution by administrative authority

For several years, the Committee has been noting that section 157 of the Labour Code empowers the Council of Ministers to dissolve a trade union, contrary to the terms of Article 4 of the Convention.

The Committee points out that the dissolution of a trade union is an extremely serious step which must therefore be accompanied by the appropriate legal protection. Furthermore, in accordance with the principles set forth in Article 4 under which workers' organisations cannot be dissolved by administrative authority, it should be possible to appeal to the judicial authorities before a decision taken by the administrative authority takes effect and the judicial authorities should also be competent to examine the basis of the case and study the grounds for the dissolution or suspension of an organisation.

The Committee therefore requests the Government to take the necessary steps to give effect to the Convention on this point.

The Committee notes that the Government is currently undertaking the amendment of the Labour Code in order to bring it into conformity with international conventions and adapt it to the country's economic and social development.

The Committee trusts that the Government will take account of its comments and requests it to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention on these various points.