Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes the Government's report and recalls its previous comments which refer to the various provisions of the Industrial Relations Act of 1992 and its Regulations, namely:

-- the denial of trade union membership during the probation period (section 12(c) of the Act);

-- the requirement of a high number of workers (100) to form trade unions by branch of activity, occupation and for various occupations (section 14);

-- the requirement that workers must be active members of the trade union (section 24(b)) and must have been in the service of the enterprise for a minimum of one year (section 24(c)) to become eligible for trade union office (section 24);

-- the prohibition of political activities for trade unions (section 11(a));

-- the excessive restrictions on the right of workers to call a strike, in particular sections 73(a) and (b), 67 and 83(g) and (j);

-- the obligation of trade unions to compile reports which may be requested by the labour authorities (section 10(f));

-- the power of the labour authority to cancel the registration of a trade union (section 20 of the Act) and the requirement that the trade union must wait six months after the cause of cancellation has been remedied before reapplying for registration (section 24 of the Regulation);

-- the prohibition of federations and confederations of the public services to form part of organizations which represent other categories of workers (section 19 of the Presidential Decree No. 003-82-PCM).

The Committee notes that a new text has been drafted by the Committee on Labour and Social Security of the National Congress to amend the Industrial Relations Act entitled the "Amended Text of the Industrial Relations Act", a copy of which was transmitted to the ILO for comment.

In this respect, the Committee notes with interest that the Amended Text in question retains almost all of the positive amendments contained in the previous Bill which referred to the following provisions:

-- section 12(c) of the Act, denying trade union membership during the probation period is repealed;

-- section 7 of the Bill reducing the number of workers required to form trade unions by branch of activity, occupation or for various occupations from 100 to 50 (section 14 of the Act in force);

-- the requirement that workers must be active members of the trade union (section 24(b)) and must have been in the service of the enterprise for a minimum of one year (section 24(c)) to become eligible for trade union office (section 24) is deleted;

-- the requirement for an absolute majority to call a strike (section 73(b)) is deleted;

-- section 67 of the Act respecting compulsory arbitration in the public services is repealed; section 83(g) of the same Act which lays down that essential services include the transport services, section 80(g) of the draft text limits the application of the law to the simple requirement of finishing the journey begun; section 83(j) of the same Act laying down essential services as those whose interruption creates a serious or imminent risk to persons or goods is repealed;

-- the labour authority's supervision of trade union activities (section 10(f) of the Act in force) is deleted;

-- the power of the labour authority to cancel the registration of a trade union (section 20 of the Act in force) is deleted.

Nevertheless, the Committee notes that the Amended Text does not take into consideration the following provisions, which were the subject of the Committee of Experts' comments:

-- the prohibition of political activities (section 11(a) of the Act in force) for trade unions. In this respect, the previous Bill improved the text by adding "without impairment of freedom of opinion as to the social and economic policy of the Government", thereby removing the restriction on the right to strike laid down in section 73(a) of the Act in force;

-- the draft text does not envisage the possibility of federations and confederation of public servants to join confederations which also group together organizations from the private sector (see General Survey on freedom of association and collective bargaining, 1994, paragraph 193).

The Committee expresses the firm hope that the Amended Text of the Industrial Relations Act will take into consideration all the comments made by the Committee and that these will be adopted shortly. The Committee requests the Government to inform it in its next report of any progress achieved in this respect and to provide a copy of the text when it has been adopted.

Moreover, the Committee is addressing a direct request on the various provisions of the Amended Text of the Industrial Relations Act which may raise difficulties in complying with the Convention, namely the provisions in respect of trade union activities, the establishment and activities of federations and confederations and the restrictions on the calling of a strike.