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

The Committee notes that under the terms of section 22 of the Industrial Relations Act, 1965, a person declaring, instigating or inciting others to take part in a strike considered to be illegal under this Act, is liable to a fine or one year's imprisonment or both.

However, since the application of disproportionate penal sanctions does not favour the development of harmonious and stable industrial relations, the Committee considers that if measures of imprisonment are to be imposed at all, they should be justified by the seriousness of the offences committed. In any case, a right of appeal should exist in this respect (see 1994 General Survey on freedom of association and collective bargaining, paragraph 177).

The Committee requests the Government to keep it informed of any cases where this provision has been applied in practice as well as of any judicial decisions in this respect.