Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report and recalls that its previous comments referred to:

-  the requirement that federations must obtain a two-thirds majority vote of their members to be able to establish a confederation (section 383 of the Labour Code of 1992);

-  the opposition of certain enterprises in export processing zones to the establishment of trade unions and the disregard of trade union rights;

-  respect for trade union rights in sugar cane plantations;

-  the requirement in the law of a majority of 51 per cent of votes in order to call a strike (section 407(3) of the Labour Code);

-  the exclusion from the scope of the Labour Code (Principle III) and of the Civil Service and Administrative Careers Act of employees of autonomous and municipal state institutions (section 2); and

-  the requirement of 60 per cent of the total number of employees in the respective institution for public servants to be able to establish organizations (section 142(1) of the Regulations adopted under the Civil Service and Administrative Careers Act).

Establishment of confederations

1.  The Committee notes that the Government has provided no information on this question. In its previous observation, the Committee noted with interest the guarantees provided by the Government that it would submit a draft text to the National Congress to enable federations to include in their statutes the necessary provisions to establish confederations and that, for this purpose, it would consult the most representative occupational organizations.

The Committee notes that, in accordance with sections 383 and 388 of the Labour Code which is in force, the agreement of two federations, supported by the votes of two-thirds of their members, is required to establish a confederation. The Committee therefore hopes that in the very near future the requirement for two-thirds of the members of federations to vote for the establishment of a confederation will be removed from the legislation, so that it is left to the statutes of federations to lay down the criteria in this respect.

Establishment of trade unions in export processing zones

2.  The Committee regrets that the Government has not provided any information on this question. It recalls that in its previous observation it noted the setting up of a specialized unit for these types of enterprises and that eight collective agreements and various other agreements had been concluded in this respect.

The Committee urges the Government to provide information on developments which occur in practice in relation to this matter.

Observance of trade union rights in sugar cane plantations

3.  The Committee notes that the Government has not provided information on this matter. It recalls that in its last observation it noted that the Government was doing its utmost to ensure the full exercise of these rights.

The Committee therefore once again requests the Government to provide information in its next report on any progress achieved in relation to the questions raised.

Requirement of a majority vote to call a strike

4.  The Committee notes the Government’s statement that the social partners meeting in a tripartite body sought, although without success, an agreement to facilitate the preparation of a draft text to reduce the legal minimum requirement set out in section 407(3) of the Labour Code.

The Committee observes that the Government should ensure that account is taken only of the votes cast, and that the required quorum is fixed at a reasonable level (see 1994 General Survey on freedom of association and collective bargaining, paragraph 170). The Committee also requests the Government to take new measures and once again hopes that it will be able to provide information in its next report on the progress made in this respect.

Right of organization of employees of autonomous
and municipal state institutions

5.  The Committee notes that the Government confines itself to reiterating that freedom of association, which is enshrined in the Constitution, is guaranteed and practised in such institutions, as shown by the existence of trade unions in various of the institutions. The Committee recalls that in its previous reply the Government stated that the laws and regulations of these institutions remain silent on the right to establish trade union organizations.

The Committee once again requests the Government to take the necessary measures to ensure that the laws and regulations which are in force in these institutions explicitly allow employees in autonomous state institutions to organize and that it will ensure that the other rights set out in the Convention are guaranteed.

Obstacles to the establishment of trade union organizations of
public servants (60 per cent of the total number of employees)

6.  The Committee notes that the Government has not achieved any progress in reducing this minimum legal requirement.

The Committee hopes to be able to note in the near future that this percentage has been reduced to a reasonable level and it requests the Government to provide information in its next report on any progress achieved in this respect.

The Committee expresses the strong hope that it will be able to note substantial progress in the application of the Convention in the Government’s next report.