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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments and to recall that Article 1 of the Convention guarantees workers adequate protection against acts of anti-union discrimination, in taking up employment and throughout the course of employment, including at the time of termination and covers all measures of anti-union discrimination (dismissals, demotions, transfers and other prejudicial acts). The Committee considers, moreover, that legislation prohibiting acts of discrimination is inadequate if not coupled with effective, expeditious procedures and sufficiently dissuasive sanctions to ensure their application (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 223–224). In this connection, the Committee requests the Government to take the necessary measures to ensure that its legislation provides adequate protection against all acts of anti-union discrimination as well as adequate and dissuasive sanctions.

The Committee also takes note of the set of comments submitted by the International Trade Union Confederation (ITUC) which refers to recognition of trade unions and anti-union discrimination. The Committee notes that the Government in its reply only refers to a case concerning the hotel industry and requests the Government to reply to the whole set of ITUC’s comments.