Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. With reference to its previous comments concerning the inadequacy of the provisions to guarantee the application of Articles 1 and 2 of the Convention, the Committee notes with interest that Act No. 88-28 of 19 July 1988, respecting procedures for the exercise of the right to organise, ensures protection for workers against any act of anti-union discrimination on the part of employers, both at the time of taking up employment and in the course of employment, and protection for workers' organisations against acts of interference on the part of employers' organisations, accompanied by civil remedies and penal sanctions, in accordance with the requirements of Articles 1 and 2 of the Convention.

2. With regard to the application of Article 4 of the Convention, the Committee's comments concerned:

- section 87 of Act No. 75-31 which makes the entry into force of a collective agreement subject to previous approval by the Minister; and

- section 127 of Act No. 78-12 whereby wage fixing, which must be linked to the objectives of economic planning, is a perogative of the Government.

In its report, the Government indicates that the purpose of section 87 of Act No. 75-31 is to ensure that collective agreements are consistent with the laws and regulations in force and that, although the State is responsible for determining wage policy, it fixes wages only after broad consultations with the representatives of the workers and employers.

While noting that the social partners are involved indirectly in fixing wages, the Committee recalls that the final decision rests with the Government, which has the practical effect of excluding wages from the scope of free and voluntary collective bargaining. This impairs attainment of the objective of Article 4 which is to encourage and promote, by appropriate measures, the voluntary negotiation of collective agreements with a view to regulating the terms and conditions of employment by means of such agreements, including collective bargaining for wages.

The Committee notes that reforms are currently being carried out to reorganise the national economy and that, in the context of these reforms, consideration is being given to ways and means of adjusting and adapting the legislation in force.

The Committee trusts that the measures taken or under consideration will remove the restrictions on collective bargaining and will aim to bring the question of wages into the scope of collective bargaining.

The Committee asks the Government to report on progress in this respect.