Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2(a). Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee notes that some categories of workers, which include judges and prosecutors, members of civil services, persons holding managerial positions who are directly engaged in major managerial functions of an undertaking and have power delegated to them by law or contract of employment to make decisions on behalf of the undertaking, and the highest level of administration of the state-owned or state-run profit-making undertakings or of projects run by government agencies are not covered by the provisions of the Labour Proclamation. The Committee notes the Government’s indication that the right of public servants to form organizations will be protected by the Civil Service Code currently being drafted. The Committee requests the Government to provide the copy of the Civil Service Code as soon as it is adopted so that the Committee can examine its conformity with the provisions of the Convention. Recalling that this Article of the Convention provides that all workers, without distinction whatsoever, should have the right to establish and join organizations in the furtherance and defence of their occupational interests, with the sole possible exception being that of the armed forces and the police, the Committee requests the Government to indicate the manner in which this right is ensured for judges, prosecutors and persons holding managerial positions.

(b) Right to establish organizations of their own choosing. The Committee notes section 89 of the Labour Proclamation, according to which employees’ associations in an undertaking where the number of employees is 20 or more shall have a minimum of 15 members. In this respect, the Committee requests the Government to indicate whether workers in such undertakings also have the right to establish and join general associations, as provided for workers of an undertaking which has less than 20 employees.

Article 3. Right to strike. The Committee notes section 116 of the Labour Proclamation, which provides that a majority of employees must vote in favour of a strike for it to be legal. The Committee recalls that in many countries legislation subordinates the exercise of the right to strike to prior approval by a certain percentage of workers. Although this requirement does not, in principle, raise problems of compatibility with the Convention, the majority required should not be such that the exercise of the right to strike becomes very difficult, or even impossible in practice. If a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey on freedom of association and collective bargaining, 1994, paragraph 170). The Committee requests the Government to indicate the measures taken or envisaged to ensure that, where an association does not represent the majority of the employees (section 116(3)), account is taken only of the votes cast. The Committee also requests the Government to indicate whether sympathy strikes and protest actions in respect of government socio-economic policy affecting the workers can be exercised without sanctions.