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

The Committee notes the Government's report and recalls that its previous comments concerned:

-- the restriction that a worker may join only one union, in either his enterprise, industry, occupation or trade, or institution (section 293(c) of the Labour Code of 1993);

-- the requirement that trade unions must comply with all requests for consultations or reports from the labour authorities (sections 290(f) and 304(c) of the Code);

-- the ban on trade union involvement in political matters (section 305(a) of the Code);

-- the requirement that for a strike to be called, its sole purpose must be the direct protection of the workers' occupational interests (section 358(a) and 376(a) of the Code);

-- the obligation to ensure a minimum service in the event of a strike in public services which are essential to the community (section 362 of the Code) without the participation of workers' organizations in identifying such service.

1. The Committee regrets that the Government has not replied to its comments on section 293(c) of the Code on the restriction that a worker may join only one union, in either his enterprise, industry, occupation or trade, or institution, nor on sections 290(f) and 304(c) of the Code on the requirement that trade unions must comply with all requests for consultations or reports from the labour authorities.

In regard to the first matter, the Committee reiterates its view that workers must be able, should they so wish, to be members of the unions for each one of the categories in which they work, when they engage in more than one occupation in various enterprises or sectors, and also if they so wish, to be members of a trade union at the enterprise or industry level. With regard to the second matter, the Committee reiterates that such a requirement should be limited to members' complaints of breaches of the law or of their rules.

2. With regard to the scope of section 305(a) of the Code, the Committee notes that, according to the information provided by the Government, the law is clear and does not make a distinction in prohibiting trade involvement in political activities. On this matter, the Committee reminds the Government once again that those legislative provisions which establish a close relationship between trade union organizations and political parties and those which prohibit all political activities for trade unions give rise to serious difficulties with regard to the principles of the Convention. Some degree of flexibility in legislation is therefore desirable, so that a reasonable balance can be achieved between the legitimate interest of organizations in expressing their point of view on matters of economic or social policy affecting their members and workers in general, on the one hand, and the separation of political activities in the strict sense of the term and trade union activities, on the other (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 133).

3. With regard to the requirement that for a strike to be called, its sole purpose must be the direct protection of the workers' occupational interests (sections 358(a) and 376(a) of the Code), the Committee notes the Government's indication that sympathy strikes and general strikes (allowed by sections 366 of the Code) are in the same situation as the main strike, namely, unless the sole purpose of the main strike "is the direct protection of the workers' occupational interests", the sympathy strikes and general strikes can also be declared illegal.

On this subject, the Committee once again reminds the Government that trade union organizations responsible for defending workers' socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see op. cit., paragraph 165).

5. With regard to the obligation to ensure a minimum service in the event of a strike in public services which are essential to the community (section 362 of the Code) without the participation of workers' organizations in defining such a service, the Committee recalls in the absence of a reply from the Government that workers' organizations should be able, if they so wish, to participate in defining such service, along with employers and the public authorities.

The Committee once again asks the Government to inform it in its next report of all measures it has adopted to comply fully with the provisions of the Convention in relation to the above-mentioned points.