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

The Committee takes note with interest of the information supplied by the Government in its report concerning, in particular, the latest amendments to the Labour Law (Official Gazette No. 114/03) which allow for the exercise of solidarity strikes.

Noting, however, that the Government’s report contains no reply to previous comments concerning the division of trade union assets, the Committee would recall that, in its previous comments, it had noted that trade unions were excluded from the scope of new legislation which gave all other associations a right of property over assets with respect to which they used to have a right of disposal (sections 1(2) and 43(1) of the new Associations Act, Official Gazette No. 88/01). The Committee had also observed that the old legislation continued to apply in the case of trade unions, providing that the Government would undertake the distribution of immovable assets which were owned by trade unions prior to World War II, if the trade unions failed to negotiate an agreement for the distribution among themselves (section 38, paragraphs 3 and 4, of the old Associations Act). The Committee had further recalled that, in Case No. 1938, the Committee on Freedom of Association had regretted that neither negotiations nor agreement had taken place in order to determine the division of trade union assets and that no significant progress had been made on this case, which had been pending for more than four years (see 328th Report, paragraph 27). The Committee requests the Government to provide information in its next report on the current situation with regard to the distribution of trade union assets and urges the Government once again to take all necessary measures, including the fixing of reasonable criteria for the division of assets and the establishment of a strict timetable, in consultation with all trade unions, in order to resolve this question. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.