Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Further to its earlier comments the Committee notes with satisfaction that Executive Order No. 29 of 16 July 1986 repealed Presidential Decree No. 33, which had penalized printing, possession and circulation of certain leaflets, handbills and propaganda materials and the inscribing or designing of graffiti.

Article 1(d) of the Convention. In its previous comments the Committee noted that in case of a planned or current strike in an industry considered indispensable to national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify it for compulsory arbitration. Furthermore, the President may determine the industries indispensable in his opinion to the national interest and assume jurisdiction over a labour dispute (section 263(g) of the Labor Code). The declaration of a strike after assumption of jurisdiction or submission to compulsory arbitration is prohibited (section 264).

Participation in an illegal strike is punishable by imprisonment (involving under section 1727 of the Revised Administrative Code an obligation to perform labour) of up to three years (section 272(a) of the Labor Code). The revised Penal Code also lays down sanctions of imprisonment (section 146).

Recalling paragraph 123 of its 1979 General Survey on the abolition of forced or compulsory labour, the Committee indicated, in its previous comment, that any compulsory arbitration enforceable with penalties, involving compulsory labour, must be limited to services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee notes with interest from the Government's report that amendments to section 263(g) of the Labor Code have been proposed in Senate Bill No. 1757 which seeks to limit the situation only to disputes affecting industries performing essential services and that the Bill has been filed with Congress.

As to the scope of the services regarded as essential services in light of the application of Conventions Nos. 105 and 87, the Committee wishes to refer to its comment made in 1995 under Convention No. 87.

The Committee hopes that the Government will soon indicate the progress made in bringing the legislation into conformity with the Convention.