Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes that the Government’s report has not been received.

In its previous observation, the Committee noted the comments by the International Trade Union Confederation (ITUC) reporting restrictions on the right to strike in the legislation and acts of intimidation and threats against the leaders of the principal national trade union federations on grounds of their participation in a national strike. The Committee takes note of the Government’s reply, and notes in particular that it has adopted Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code. The Committee further notes the communication of 26 August 2009 by the ITUC reporting the arrest without charge and interrogation of an activist of the Union of Education and Research Workers, and the requisitioning of employees to contain strikes in various sectors. The Committee urges the Government to send its comments on the above.

Article 3. Right of organizations to carry on their activities in full freedom and to formulate their programmes. Purpose of the strike. The Committee recalls that its previous comments concerned the need to amend section 351 of the Labour Code so as to enable organizations representing workers to resort to strike action in order to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular in regard to employment, social protection and standards of living. The Committee notes with satisfaction that, in the new Labour Code (Act No. 028-2008/AN of 13 May 2008), section 382 now defines a strike as a concerted and collective cessation of work with a view to supporting professional demands and ensuring defence of the workers’ material or moral interests.

Occupation of premises in the event of a strike. The Committee notes that, according to section 386 of the Labour Code, exercise of the right to strike shall on no account be accompanied by occupation of the workplace or immediate surroundings subject to the penal sanctions established in the legislation in force. The Committee recalls in this connection that any restrictions on strike pickets and workplace occupations should be limited to cases where the action ceases to be peaceful or where observance of the freedom of non-strikers to work, or the right of management to enter the premises, are impeded. Consequently, the Committee requests the Government to take the necessary steps to ensure that the restrictions provided for in section 386 of the Labour Code apply only where a strike ceases to be peaceful or where observance of the freedom of non-strikers to work and the right of management to enter the premises are impeded.

Requisitioning of public employees. In its previous comments, the Committee recalled the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee pointed out 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. Noting the Government’s statement that it was planning to revise Act No. 45-60/AN, the Committee asked the Government to indicate any amendment or repeal of sections 1 and 6 of Act No. 45-60/AN. Noting the absence of any information in this regard, the Committee again requests the Government to indicate any measures taken either to amend sections 1 and 6 of Act No. 45-60/AN so as to take account of the Committee’s comments, or to repeal those sections.