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

The Committee notes the Government’s report.

1. Article 4 of the Convention. The Committee notes that, under section 12 of Act No. 20-A/92 on the right to collective bargaining of 14 August 1992, collective agreements may not contain provisions on taxation or pricing. The Committee asks the Government to specify the scope of this provision and to give instances of its application.

2. The Committee notes that sections 20 and 28 of Act No. 20-A/92 allow collective labour disputes in public utility enterprises to be settled jointly by the Ministries of Labour, Social Security and Public Administration after the parties have been heard. The Committee notes that the list of public utility activities (section 1(3)) is broader than the notion of essential services in the strict sense (services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee recalls that arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee therefore asks the Government to take the necessary steps to amend the legislation in order to bring it into line with the above principle.

3. The Committee also asks the Government to provide information on national, regional or local collective conventions in force and on the number of workers covered.

4. Article 6. The Committee notes that, according to section 20 of the Act, employees of central and local government and public services not organized in the form of an enterprise are not covered by the Act. The Committee asks the Government to indicate whether the legislation guarantees the right to collective bargaining of public employees not engaged in state administration and, if so, to indicate the relevant provisions. It also asks the Government to specify which public services are not organized in the form of an enterprise.