Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report.

Article 3 of the Convention. In its previous comments, the Committee noted that the penalties provided for by the Labour Code in cases of violation of Articles 1 and 2 of the Convention were not sufficiently dissuasive to guarantee their application. The Government indicates in its report that the Labour Code, which was developed in a liberal environment, does not attach great importance to penalties, since the parties prefer advice. However, the Committee recalls that, under the terms of the Convention, workers shall enjoy adequate protection against acts of anti-union discrimination and that workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other. Since the effectiveness of legislative provisions depends largely on the penalties and recourse envisaged, the Committee once again requests the Government to take the necessary measures to amend the legislation in this respect and to keep it informed in this regard in its next report.

Article 4. The Committee had previously requested the Government to indicate whether federations of trade unions have the right to negotiate collective agreements. The Government states that collective agreements are negotiated by the representatives of federations of trade unions and employers, under the terms of section 224 of the Labour Code. The Committee notes this information.

Article 6. The Committee had previously requested additional information on the legal regime of personnel in public establishments and "personalized" administrations, and particularly whether these workers are entitled to the guarantees provided for under the Convention, with an indication of the corresponding legislative texts. The Government states in its report that public establishments and "personalized" administrations are governed respectively by Legislative Decree No. 1/23 of 26 July 1998 and Legislative Decree No. 1/024 of 13 July 1989 with regard to their organization and administration, and by section 14 of the Labour Code with regard to the management of personnel: as such, these workers are entitled to the guarantees provided for under the Convention. The Committee notes this information.

Furthermore, the Committee notes that, according to the Government, a single collective agreement is in force, but that the situation should develop positively, since some 30 trade unions and two central organizations have already been registered. The Committee requests the Government to keep it informed in this regard.