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

The Committee notes the adoption of Act No. 09.004 of 29 January 2009 issuing the Labour Code.

Article 4 of the Convention. In its previous comments, the Committee indicated that the negotiation of collective agreements by professional groupings should only be possible where no trade union exists. It requested the Government to amend the legislation in this respect. The Committee notes with regret that, under the terms of sections 197 and 198 of the new Labour Code, the representatives of trade union organizations and professional groups of workers are placed on an equal footing and may engage in collective bargaining. While noting that, according to the Government, collective agreements and work agreements are, in practice, always negotiated by the representatives of workers’ unions and of employers, the Committee notes with regret that the national authorities did not take the opportunity of the reform of the Labour Code to amend the legislation as indicated. Recalling that the Convention promotes collective bargaining between employers and trade union organizations, the Committee once again requests the Government to take the necessary measures for the amendment of the legislation in the near future and to provide information on any progress achieved in this respect.

Articles 4 and 6. On several occasions, the Committee requested the Government to provide its observations in reply to the comments made by the International Trade Union Confederation (ITUC), according to which in the public sector wages are fixed by the Government after consulting the trade unions, but without any negotiation. The Committee notes that, according to the Government, measures relating to the implementing texts of the Labour Code, particularly on the question of wages, are currently being adopted. The Committee observes that the new Labour Code, in section 211, envisages the right to collective bargaining in public services, enterprises and establishments where their personnel are not governed by specific conditions of service. Recalling that the Convention also applies to public officials not engaged in the administration of the State, the Committee requests the Government to provide clarification on the scope of the right to collective bargaining in the public sector in relation to public officials not engaged in the administration of the State and public officials who are not governed by specific conditions of service. The Committee requests the Government to ensure that all public officials, with the sole possible exception of public servants engaged in the administration of the State, the armed forces and the police, enjoy the right to collective bargaining. The Government is requested to indicate any progress achieved in this respect.