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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee recalls that it noted the comments of the Trade Union International of Chemical, Oil and Allied Workers (communicated by a letter of 9 March 1988), on the application of Article 12, paragraph 2, of the Convention. These comments allege that workers who are members of the Union of Offshore and Onshore Workers of Côte d’Ivoire (SYNTRAOFFCI), who were recruited by intermediary companies on behalf of oil companies, did not receive certain amounts owed as a final settlement of all wages due upon termination of their contracts in 1984.

In its report the Government indicates that after fruitless attempts at an out-of-court settlement, first by means of an ad hoc committee set up for the purpose, then before the Labour Tribunal of Abidjan, two judicial decisions on the matter have now been handed down: the first by the Abidjan Labour Tribunal (on 25 February 1986), and the second by the Chamber for Social Affairs of the Abidjan Court of Appeal (on 24 June 1988). The Government further states that the companies involved in this matter have now disappeared from the territory of Côte d’Ivoire and that SYNTRAOFFCI has now been split into two separate unions, whose present leaders know nothing of the matter and have taken no steps to execute the Court of Appeal’s decision. The Government considers that action on its part is therefore not required.

The Committee takes due note of this information. It notes that the abovementioned decision handed down by the Court of Appeal (24 June 1984) orders the company SOAEM-CI to pay certain amounts as a final settlement of all entitlements due to 11 workers who were dismissed owing to the "ivorization of jobs". The Committee asks the Government to indicate whether this decision has been executed and whether there have been any other judicial decisions on this matter.

The Committee also asks the Government to indicate the general steps taken to ensure the application of the Convention in situations similar to that of the offshore workers recruited by intermediary companies, particularly as regards final settlements upon termination of work contracts (Article 12, paragraph 2), the information given to workers on wage conditions (Article 14(a)) and the definition of the persons responsible for compliance with laws and regulations on the payment of wages (Article 15(b)).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.