Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes the information provided in the Government’s reports.

Article 2 of the Convention. In its previous comments, the Committee requested the Government to indicate the progress in adopting a new Act on association, which was expected to come into force in 1999, and would ensure that workers without distinction whatsoever, whether nationals or foreigners residing legally in the country, would have the right to form and join workers’ organizations. The Committee notes the Government’s statement that another draft Act on associations had been prepared by the Ministry of the Interior and approved by the Government in January 2000, ensuring the right of all persons to organize. However, the draft was subsequently rejected by Parliament, and the situation remains unchanged. While noting this information, the Committee draws the Government’s attention to the importance of the right of all workers to be able to establish and join workers’ organizations, and urges the Government to take measures to amend the legislation accordingly, and to keep the Committee informed in this respect.

Article 3. In its previous comments, the Committee had noted that section 17 of the 1990 Act on collective bargaining requires the vote of half the workers in the enterprise to whom the agreement at the enterprise level applies or the vote of half the workers to whom the higher level collective agreement applies in order to call a strike. The Committee had recalled the principle that account should be taken only of the votes cast and that the required quorum and majority should be fixed at a reasonable level. The Committee notes the Government’s statement that a new Labour Code is currently being prepared, which should come into force in 2005. The question of strike ballots will be thoroughly examined during the legislative process and will be the subject of consultations with the relevant social partners and the ILO.

Noting the information of the Government, the Committee requests it to indicate in its next report the progress of the new Labour Code through the legislative and consultative process, and to provide information on how the issue of the majority and quorum for strike ballots is addressed in the new Code. The Committee also recalls the availability of ILO technical assistance in the preparation of the new Labour Code.