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

Referring to its previous comments concerning sections 342 and 351 of the Labour Code respecting the right to strike in essential services, which provide inter alia that the arbitration procedure may be implemented at the request either of a party to a dispute, or of a minister if he considers that a strike occurring in an essential service or during a period of national difficulty is likely to be prejudicial to public order or to the general interest, the Committee notes with interest the content of Order No. 5680/MTASE/DNTLS/95 of 24 October 1995 which defines and determines essential services in the context of the right to strike. The Committee observes that according to the Order, essential services are "those which if interrupted may endanger the lives, freedom, safety or health of individuals", and that the list provided corresponds partly to the principles of freedom of association. The Committee also observes that essential services imply the provision of a minimum service negotiated by an employer and his workers.

Observing that public transport and communication, which do not in itself constitute an essential service, appear on the list contained in the Order, the Committee requests the Government to indicate, should the parties not manage to reach an agreement, the measures envisaged for a joint or independent body to examine rapidly and without formalities the difficulties raised by the definition of a minimum service (see General Survey on freedom of association and collective bargaining, 1994, paragraph 161).

In addition, the Committee recalls that arbitration at the request of one of the parties, in this case the employer, is likely to restrict the exercise of the right to strike, contrary to Article 3 of the Convention. The Committee requests the Government to take measures in order to ensure that arbitration cannot be imposed at the request of only one of the parties to a dispute.

The Committee also requests the Government to continue to provide, in its future reports, information on the application in practice of sections 342, 350 and 351 of the Labour Code and Order No. 5680/MTASE/DNTLS/95 of 24 October 1995 which defines and determines essential services in the context of the right to strike.