Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

The Committee notes that the Government’s report has not been received. It further notes the conclusions and recommendations of the Committee on Freedom of Association in Cases Nos. 2216 and 2251 (see 340th Report, March 2006).

The Committee notes the comments on the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 10 August 2006, which concern several cases of anti-union discrimination, acts of interference by employers in trade union activities and violations of collective bargaining rights. The Committee requests the Government to provide its observations thereon.

The Committee recalls that it had previously requested the Government:

–         to specify the concrete sanctions imposed on employers found guilty of anti-union discrimination and to mention the relevant provisions;

–         to specify the sanctions imposed on those found guilty of acts of interference by workers’ or employers’ organizations or their agents in each other’s affairs, particularly their establishing, functioning and administration of their organizations, and to indicate the relevant legislative provisions;

–         to amend section 31 so as to ensure that it is clear that it is only in the event where there are no trade unions at the workplace that an authorization to bargain collectively can be conferred to other representative bodies;

–         to take the necessary measures so as to ensure that the legislation provides for a possibility to conclude an agreement at the occupational or professional level;

–         to provide further information on the practical application of sections 402 and 403 of the Labour Code and 6(7) of the Law on Collective Labour Disputes, which seem to impose compulsory arbitration;

–         to provide examples of collective agreements applicable to civil servants and civil employees of military service and the system of execution of penal sentences.

The Committee hopes that the Government’s next report will contain precise information on the above issues.

The Committee regrets that section 31 of the Labour Code, according to which when the trade union represents less than half of the workers at the enterprise, other representatives could represent workers’ interests in collective bargaining, was not amended under the Federal Act. It requests the Government to provide a copy of the Federal Act amending the Labour Code. Hoping that further legislative reform will take into account previous requests of the Committee, it asks the Government to keep it informed of any further developments in this respect.