Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee takes note of the information supplied by the Government in its report. The Committee recalls that, in its previous comments, it referred to the fact that public servants are not entitled to form and join unions. Under section 3(3) of the Labour Act No. 8/98, and Act No. 23/91 of 1991, which regulate freedom of association, the legal employment relationship of public servants is governed by specific conditions of service and, according to the Government, the right of public servants to form and join trade unions is not established by law.

The Committee recalls that in its previous comment it had pointed out that all public servants and officials should have the right to establish occupational organizations, irrespective of whether they are engaged in the state administration at the central, regional or local level, are officials of bodies which provide important public services or are employed in state-owned economic undertakings. The Committee nonetheless emphasizes that the recognition of the right of association of public servants in no way prejudges the question of the right of such officials to strike (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 48 and 49). The Committee asks the Government to state whether the General Statute of Public Servants (Decree No. 14/87) is still in force. The Committee once again expresses the hope that the Government will adopt legislation in the near future guaranteeing public servants the right to organize, not only for cultural and social purposes but also to further and defend their occupational and economic interests (see General Survey, op. cit., paragraph 52). The Committee reminds the Government that it may avail itself of the Office’s technical assistance.