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

The Committee notes the Government’s report and the promulgation of Law No. 23 of 15 December 1998 on trade unions, federations and professional associations.

Article 1 of the Convention. In its previous comments, the Committee had noted that while section 34 of Act No. 107 of 1975 protected workers against acts of anti-union discrimination during employment relationships, it did not provide such protection at the time of recruitment. Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers did not enjoy any protection against acts of anti-union discrimination. The Committee had requested the Government to take appropriate measures as soon as possible as regards these issues.

Noting that the Government’s report contains no specific reply on these matters, the Committee once again requests the Government to take the necessary measures to ensure that the legislation protects all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against acts of anti-union discrimination, both at the time of recruitment and during the employment relationship, and that such protection is accompanied by sufficiently dissuasive sanctions.

Article 4. In its previous comments, the Committee had requested the Government to repeal sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with national economic interest, thus violating the principle of voluntary negotiation of collective agreements and the autonomy of the bargaining parties. The Committee notes that the Government’s report contains no reply in this regard, and once again urges the Government to repeal the abovementioned sections to bring its legislation into conformity with the Convention.

The Committee had also noted that public servants not engaged in the administration of the State, agricultural workers and seafarers did not have the right to bargain collectively, and requested the Government to take the necessary measures. The Government states that these workers may belong to trade union organizations, which guarantee them the right to collective bargaining. The Committee requests the Government to indicate in its next report the legislative provisions that grant these workers the right to bargain collectively, and to give examples of collective agreements in force in this sector.

The Committee expresses, once again, the hope that the Government will make every effort to take the necessary action in the very near future.