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

The Committee notes the Government’s report. The Committee also notes the entry into force of the new Labour Code No. 12 of 2003.

The Committee recalls that, for a number of years, it had been drawing the Government’s attention to the need to amend section 87 of the Labour Code, as modified by Act No. 137 of 1981, which provides that any clause of a collective agreement, which is liable to impair economic interests of the country, shall be null and void. The Government indicates that the new Labour Code introduces a new section 154 under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void.

The Committee notes with interest that, under the new Labour Code, the validity of a collective agreement is not subject any longer to the economic interests of the country. On the other hand, the validity of such an agreement is now subject to the law on public order or general ethics. In order to examine whether such requirement is compatible with the principle of voluntary negotiation contained in Article 4 of the Convention, the Committee requests the Government to indicate if the new section 154 refers to any specific legislative provisions and if so to provide a copy of these provisions. If section 154 refers to general concepts, the Committee requests the Government to specify concretely the meaning of "general ethics". Finally, the Committee requests the Government to keep it informed of any specific application in practice of section 154.

The Committee also notes that under section 158 of the new Labour Code, a collective agreement binds the parties once it has been registered with the competent administrative authority which can refuse such a registration by stating reasons. The Committee notes in this regard that the Labour Code does not enumerate the specific reasons for refusing the registration of a collective agreement. The Committee would like to underline that provisions which stipulate that collective agreements must be submitted for approval to the administrative authority or the labour tribunal before coming into force are compatible with the Convention provided they merely stipulate that approval may be refused if the collective agreement: (1) is tainted with a procedural flaw; or (2) does not conform to the minimum standards laid down by the labour legislation (see General Survey, op. cit., paragraph 251). The Committee requests therefore the Government to take the necessary measures so as to ensure that the registration of collective agreements may only be refused in the two cases mentioned above and to keep it informed in this respect.

The Committee is also addressing a request on certain other points directly to the Government.