Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the adoption of Act No. 95/15 of 12 January 1995 issuing the Labour Code (Journal officiel, 23 February 1995, No. 8, pp. 153-177). Articles 1 and 2 of the Convention. With reference to its previous comments concerning the need to ensure adequate protection for workers against acts of anti-trade union discrimination and of workers' organizations against acts of interference on the part of employers, enforceable by sufficiently effective and dissuasive sanctions, the Committee notes with interest that the Labour Code provides that no employer may take into consideration membership or non-membership of a trade union or trade union activities of workers for making decisions regarding, in particular, recruitment, conduct and distribution of work, vocational training, advancement, promotion, remuneration, granting of social benefits, discipline or termination of the employment contract (section 4) and that no employer may exert pressure against or in favour of any workers' trade union organization (section 51.3) and that violations of the Labour Code are liable to fines (section 100.4). Nevertheless, the Committee considers on this last point that whereas section 100.5 punishes with sufficiently dissuasive sanctions the offences comprising measures of anti-union discrimination against trade union delegates and staff delegates (fines of 10,000 to 100,000 francs and imprisonment from two months to one year or one only of these two sanctions), the sanctions for anti-union discrimination against workers or for acts of interference by employers in workers' organizations should be strengthened. The Committee requests the Government to indicate in its next report the measures taken or envisaged to strengthen the provisions for protecting workers and workers' organizations in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.