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

The Committee notes the Government's report indicating in response to its previous direct request that no measures have presently been taken to adapt monetary penalties in the light of inflation for anti-union discrimination.

The Committee notes that for several years it has requested the Government to ensure that workers enjoy adequate protection against anti-union discrimination, in particular by providing adequate sanctions. The Committee refers the Government to paragraph 224 of its General Survey on freedom of association and collective bargaining, 1994, which underlines the importance of providing sufficiently dissuasive sanctions to ensure the practical application of provisions prohibiting acts of anti-union discrimination. It recalls that the sanctions that may be imposed upon an employer found guilty of anti-union discrimination against workers may not exceed $250 or a period of imprisonment of not more than six months (Labour Ordinance, Chapter 234, section 199). Given that the monetary penalties have not been adapted in the light of inflation and do not exert a sufficiently dissuasive effect against acts of anti-union discrimination, the Committee requests the Government to take measures in order to amend the legislation to ensure that it is in full conformity with the Convention. The Committee requests the Government to indicate in its next report the measures it has taken or envisages in this regard.