Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes the Law on Trade Unions, their Rights and Guarantees for their Activities of 1992, the Labour Code of 1995, as amended up to 1998, and the Administrative Responsibility Code of 1994, as amended up to 2001.

Articles 1, 2 and 3 of the Convention. The Committee notes that under the abovementioned legislation, acts of anti-union discrimination and interference in trade union affairs are prohibited, and that aggrieved workers can apply to the relevant courts for redress (including reinstatement) and material and moral compensation. The Committee further notes that violation of the labour legislation is punishable by a fine of between two and five times the minimum monthly salary.

Article 4. The Committee notes that, while according to section 21(3) of the Labour Code the existence of other workers’ representative bodies at the enterprise must not obstruct the activity of trade unions, pursuant to sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Code, trade unions or other representative bodies elected by workers can conduct collective bargaining and conclude collective agreements at all levels. The Committee considers that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee therefore requests the Government to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, branch or the territory, that an authorization to bargain collectively can be conferred to other representative bodies. The Committee requests the Government to indicate the measures taken or envisaged in this respect.

The Committee notes that according to sections 33 and 281 of the Labour Code, collective labour disputes are settled according to the procedure provided for by the legislation. The Committee requests the Government to provide the relevant legislative texts providing for such a procedure.

Articles 5 and 6. The Committee had previously noted that the Law on Trade Unions applied to both the public and private sectors, but that section 6 provided that particular features of its application in the internal affairs organs were determined by laws and regulations concerning these units and requested the Government to provide information on the trade union rights of these categories of worker. The Committee notes from the Government’s report that the “scope of Convention No. 98 does not extend to public employees and must in no way be seen as depriving them of their rights and duties”. Recalling that the Convention applies to all public servants not engaged in the administration of the State, the Committee requests the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention and therefore not enjoying the rights enshrined therein.