Effect given to the recommendations of the committee and the Governing Body - Report No 326, November 2001

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

1. 75. The Committee last examined this case at its June 2001 meeting [see 325th Report, paras. 22?25] and requested the Government once again to keep it informed with regard to the reform of the Labour Code in the light of the recommendations it had made in previous examinations of the case.
2. 76. The Committee then recalled that, at its March 1999 meeting [see 313th Report, para. 117], it had observed that the legislation imposed a series of excessive formalities for the recognition of a trade union and the acquisition of legal personality that were contrary to the principle of the free establishment of trade union organizations (the requirement that the trade unions of independent institutions should be works unions), that made it difficult to set up a trade union (minimum number of 35 workers to establish a works union) or that in any case made it temporarily impossible to establish a trade union (the requirement for six months to have passed before applying to establish another trade union even if the previous one did not obtain legal personality).
3. 77. In its communication of 5 September 2001, the Government refers to issues already dealt with in this case that are no longer in question and have been resolved, but it does not reply specifically to the issue of legislation.
4. 78. The Committee notes the communication and once again requests the Government to keep it informed with regard to the reform of the Labour Code (requested by the Committee in its 313th Report) in the light of the recommendations it has made in previous examinations of the case.