Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s report and the reply to its previous observation. It also notes the observations of the International Trade Union Confederation (ITUC) dated 28 August 2007, which relate to issues already raised by the Committee in its previous observation and report acts of intimidation and threats against the leaders of the principal national trade union federations on the grounds of their participation in a national strike on 23 and 24 May 2006, and the requisitioning of many workers. The Committee notes the Government’s reply, in which it stated that it would have liked to receive more information on the allegations made before providing its reply. The Committee recalls that, in general terms, the rights of workers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations and requests the Government to conduct an inquiry into these allegations.

Article 3 of the Convention. Powers of requisitioning. In its previous comments, the Committee referred in particular to section 353 of the Labour Code, which provides that the competent administrative authority may, at any time, proceed to the requisitioning of workers in private enterprises and public services and establishments occupying jobs that are indispensable for the safety of persons and property, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. In this respect, the Committee indicated that it would be necessary to restrict the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited, namely: (1) public servants exercising authority in the name of the State; (2) essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; and (3) in the event of an acute national crisis. In its reply, the Government contends that section 353 of the Labour Code merely establishes the principle of the requisitioning of workers in the event of a strike. However, it indicates its readiness to take into account the recommendations of the ILO in determining the list of jobs which could be covered by requisitioning in the event of a strike. Taking due note of this statement, the Committee requests the Government to establish by regulation the list of jobs determined under section 353 of the Labour Code and to provide this list with its next report. It trusts that the principles that it has recalled above will be taken into account in the determination of this list.

Furthermore, in its previous observation, the Committee requested the Government to specify the provisions applicable to public servants and state employees in relation to strikes and the powers of requisitioning of the authorities. Taking into account the fact that, under the terms of section 4 of the Labour Code, officials in the public service, inter alia, are not governed by the provisions of the Labour Code, the Committee requested the Government to indicate whether officials in the public service who go on strike are governed by Act No. 45-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees. In this respect, the Committee had recalled the need to amend sections 1 and 6 of Act No. 45-60/AN which establish, among other provisions, that, with a view to ensuring the continuity of the administration and the safety of persons and property, public servants may be required to perform their duties. The Committee is of the opinion that it would be advisable to restrict the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited (see above). In its reply, the Government indicates that Act No. 45-60/AN is still in force and that its revision is envisaged following revision of section 353 of the Labour Code. The Committee takes note of this information and trusts that the Government will be in a position to inform it of the amendment or the repeal of sections 1 and 6 of Act No. 45-60/AN in the near future.

Taking due note of the Government’s indication that it has commenced the revision of the Labour Code in September 2007, the Committee trusts that it will take the points raised above into account in this process, and more generally, in any process of the revision of labour regulations, both for the private sector and the public service. The Committee requests the Government to indicate in its next report all the amendments made and to provide copies of the new texts adopted, where appropriate.

The Committee takes note of the Government’s indication that the provisions of the Labour Code are not explicit on trade union rights of apprentices, governed by sections 24–37 of the Labour Code. While noting that the Government refers to the provisions relating to the trade union rights of minors of at least 15 years of age contained in section 257 of the Code, the Committee suggests the Government to envisage, in the framework of revision of the Labour Code, inclusion of an explicit provision guaranteeing trade union rights to apprentices. It requests the Government to keep it informed of any measures taken in this regard.