Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the information contained in the Government's report.

1. Trade union rights of minors. The Committee recalls that section L.11 of the Labour Code provides that minors of over 16 years of age may join trade unions, unless their membership is opposed by their father, mother or guardian.

While noting that, according to the Government, this provision corresponds to a duty of the family to protect the interests of the child, the Committee considers that the Convention does not authorize any distinction based on these grounds (see General Survey on freedom of association and collective bargaining, 1994, paragraph 64). It urges the Government to lift this obstacle to the freedom of association of young workers and to keep it informed of the measures adopted to bring the legislation into conformity with the Convention on this point.

2. Requisitioning. The Committee notes that section L.276 grants the administrative authorities the right to requisition workers from private enterprises and public services and establishments who occupy posts considered essential to the safety of persons and property, the maintenance of public order, the continuity of public services, or to meeting the country's essential needs.

Noting that, according to the Government, the right to requisition in cases of overriding necessity makes it possible to ensure the operation of essential services and the safety of persons and goods, the Committee asks the Government to provide a copy of the Decree issued under section L.276 containing the list of essential services so that it can ensure that it is compatible with the principles of freedom of association. The Committee wishes to recall in this respect that the requisitioning of workers as a means of settling labour disputes could be abused. Such action is to be avoided except where, in particularly serious circumstances, essential services have to be maintained. In the opinion of the Committee, requisitioning may be justified only in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis. It therefore requests the Government to provide information on the application of this provision in practice, and, if necessary, to take measures to ensure that its legislation is in full conformity with the Convention.

The Committee also notes that section L.276 in fine provides that workplaces or the immediate surroundings thereof may not be occupied during a strike, under penalty of the sanctions provided for in sections L.275 and L.279. In the Committee's opinion, restrictions on workplace occupations should be limited to cases where the action ceases to be peaceful (see General Survey, op. cit., paragraph 174).

The Committee hopes that the Government will take all the necessary measures in the light of the above comments to bring its legislation into conformity with the Convention. It requests the Government to keep it informed in its next report of any progress achieved in these fields and to transmit copies of any amendments made to its legislation, as well as full information on the application in practice of the Convention.