Effect given to the recommendations of the committee and the Governing Body - Report No 320, March 2000

Effect given to the recommendations of the Committee and the Governing Body

1. 66. At its meeting in November 1998, the Committee had asked the Government to send a copy of the new law on the settlement of labour disputes to enable it to examine the law's contents in the light of the principles of freedom of association (see 311th Report, paras. 70-72).
2. 67. In a communication dated 22 December 1999, the Government supplies the text of Act No. 168 of 12 November 1999 respecting the resolution of labour disputes, and indicates that this text was adopted following consultations with the social partners and in the light of the recommendations of the Committee of Experts on the Application of Conventions and Recommendations.
3. 68. The Committee notes with satisfaction the improvements contained in the new law and in particular the provisions relating to the following: (1) the purpose of strike action, which may be taken in order to defend the occupational, economic and social interests of workers; (2) binding arbitration, which can take place only at the request of the two parties involved; (3) the abolition of the requirement that a worker must spend at least three years in an occupation in order to be eligible for election as a trade union delegate; (4) the reduction from 90 to 30 days of the period for which a court may suspend a strike at the employer's request if the strike endangers the life or health of the population and not, as before, if it is likely to cause major problems for the national economy; (5) the removal of pharmaceutical, educational, rolling stock repair and food supply establishments from the list of essential services in which at least one-third of normal activity must be maintained in the event of a strike
4. ; (6) recognition of the lawfulness of one-day sympathy strikes in support of demands made by employees in other areas; and lastly (7) the ban on employers hiring other workers to replace those on strike.
5. 69. The Committee draws the attention of the Committee of Experts to this legislation in the context of monitoring the application of Convention No. 87.