Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes the Government's report has not been received. It nevertheless understands from information available to it that changes now under consideration should permit the development of trade union plurality.

The Committee requests the Government to provide information on any measures taken or envisaged to lift the legislative restrictions on genuine trade union plurality (sections 173 and 174 of the Labour Code; and Act No. 13/80 of 2 June 1980 creating a trade union solidarity tax in favour of COSYGA and its implementing Decree No. 9/000/882/PR/MFPTE).

The Committee also recalls that compulsory arbitration which legally excludes any resort to strike action (sections 239, 240, 245, 249 of the Labour Code) is a restriction on the right of workers to strike in defence of their occupational interests, even if - as the Government says - strikes do take place without any legal proceedings being taken against strikers; prohibitions or other restrictions on strikes may only be imposed in respect of public servants acting in their capacity as agents of the public authority or in essential services in the strict sense of the term.

The Committee therefore trusts the above-mentioned legislation will be amended in line with its comments and once again asks the Government to supply information on the measures taken to this end.