Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the information provided in the Government’s report. It notes the adoption of Act No. 53/2003 on the new Labour Code and the new Act No. 54/2003 on trade unions. The Committee also notes the conclusion of the Social Stability Pact for 2004 between the social partners outlining the primary fields of common interest upon which they have agreed to cooperate. The Committee takes note of the statistics provided by the Government on collective bargaining.

Articles 1, 2 and 5 of the Convention. 1. In its previous comments, the Committee requested the Government to provide information on collective bargaining in the public service and, in particular, to supply copies of the relevant laws or regulations adopted to this effect and the texts of any collective agreements concluded in the public service as a whole or in individual government departments. The Committee notes from the Government’s report that a number of laws have been adopted in relation to the public service and, in particular, Act No. 251/2004 amending Act No. 188/1999 on civil servants’ status, as well as Act No. 65/2003 on the status of customs’ personnel. The Committee notes the Government’s referral to section 12, paragraph 1, of Act No. 130/1996, as amended by Act No. 143/1997, which provides that employees of budgetary institutions can conclude collective labour contracts but that these collective labour contracts cannot cover the rights defined and quantified under the law. The Government also refers to section 61 of Act No. 188/1999, as amended, under which agreements can be concluded on an annual basis between public authorities and institutions and representative trade unions or civil servants’ representatives, on: (1) funds for the improvement of working conditions; (2) occupational health and safety; (3) daily work schedule; (4) vocational improvement; (5) complementary measures regarding the protection of members of unions’ management bodies. Necessary information must be supplied to that end by the public authorities to the representative trade unions or public servants’ representatives. The Committee has taken note of the Government’s general comment that collective bargaining cannot comprise those rights (including wages) and obligations of civil servants which are established under the law.

The Committee will examine Act No. 251/2004 amending Act No. 188/1999 on civil servants’ status once it has received its translation. In the meantime, the Committee requests the Government:

-  to clarify if employees of the budgetary institutions are considered to be public servants under Act No. 188/1999, as amended, and to specify the rights of those employees who are excluded from collective bargaining;

-  to clarify whether collective bargaining in the public service is indeed strictly limited to the matters enumerated under section 61 of Act No. 188/1999, as amended.

The Committee recalls that, under Article 5, paragraph 2(b), collective bargaining should be progressively extended to all matters covered by subparagraphs (a), (b) and (c) of Article 2 of the Convention. Article 2 states that for the purpose of the Convention the term "collective bargaining" extends to all negotiations for: (a) determining working conditions and terms of employment; and/or (b) regulating relations between employers and workers; and/or (c) regulating relations between employers or their organizations and a workers’ organization or workers’ organizations. The Committee requests the Government to indicate the measures envisaged to progressively extend collective bargaining to include the rights and obligations of public servants and budgetary institutions’ employees which are currently established under the law and so excluded from collective bargaining. In this respect, the Committee requests the Government to indicate if, under the current legislative framework, agreements with trade union organizations, with a view to submitting draft legislation amending the statutory provisions, are possible. The Committee requests the Government once again to provide copies of any collective agreements concluded in the public service as well as a copy of Act No. 65/2003 on the status of customs’ personnel.

2. In its previous comments, the Committee requested the Government to provide information with regard to progress made in unionization and collective bargaining in small enterprises. The Committee notes that the Government indicates that Act No. 54/2003 does not differentiate between the different types of enterprises and that, under section 3, paragraph 1, of Act No. 130/1996, as amended, collective bargaining is mandatory at the level of a particular unit, with the exception of units with less than 21 employees. The Committee requests the Government to provide practical information on collective bargaining in small enterprises and, in particular, on the number of collective agreements concluded.

Article 5. In its previous comments, the Committee requested the Government to indicate: (1) whether the requirement that one-third of workers belong to a union before a union is able to negotiate at the enterprise level (section 17 of Act No. 130/1996, as amended) applies to all the trade unions together or to a single trade union; and (2) where less than one-third of workers are union members, whether it is possible to negotiate collectively. The Government indicates that, under sections 17(1)(c) and 18(3) of Act No. 130/1996, as amended, the representative status is recognized when the number of the union’s members represents at least one-third of the workers of the enterprise or when the union is affiliated to a higher level organization with a representative status. The Committee takes note of the information provided by the Government.

The Committee also refers the Government to its direct request made in relation to the application of Convention No. 98, in respect of the duration of the collective bargaining process and of public servants not engaged in the administration of the State.