Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information contained in the Government’s report as well as the observations thereon submitted by the French Democratic Confederation of Labour (CFDT). The Committee also notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2233 (see 332nd Report, paragraphs 614-646) relating to the right to organize of bailiffs, as employers, pursuant to Order No. 45-2592 regulating their status. The Committee wishes to make the following comments on this subject.

Article 2 of the Convention. 1. Right of employers without distinction whatsoever to establish and join organizations. The Committee notes that Order No. 45-2592 does not explicitly recognize the right to organize of bailiffs, as employers. The Committee takes due note that this right does not currently appear to be contested in practice and that a National Union of Bailiffs has existed since 1968. However, bearing in mind that in the past the Order has been interpreted as prohibiting the exercise of the right to organize by bailiffs, the Committee requests the Government to take the necessary measures to ensure that Order No. 45-2592 explicitly affords bailiffs the right to organize and the related rights, in accordance with Article 2 of the Convention, so that the recognition of their right to organize is no longer a matter of interpretation.

2. Right of employers to establish organizations of their own choosing. The Committee notes that, by virtue of Order No. 45-2592, bailiffs are under the obligation to become members of the National Chamber of Bailiffs. In the same way as the Committee on Freedom of Association, this Committee considers that membership of the National Chamber of Bailiffs, made compulsory by law, combined with the exclusive competence of the latter in relation to collective bargaining, is an infringement of the right of bailiffs, as employers, to choose in full freedom the organization responsible for defending and furthering their interests, in a manner that is incompatible with Article 2. The Committee therefore requests the Government to amend Order No. 45-2592 so as to guarantee the right of bailiffs to choose in full freedom the organization which will be responsible for furthering and defending their occupational interests.

Furthermore, the Committee notes that the Orders governing the status of other ministerial officers contain provisions similar to those of Order No. 45-2592, thereby raising issues of compatibility with the Convention. The Committee refers in this respect to the following Orders of 2 November 1945: No. 45-2590 respecting the status of notaries, No. 45-2591 respecting the status of attorneys, and No. 45-2593 respecting the status of official appraisers. The Committee also requests the Government to examine the provisions of the above Orders in the light of the comments made concerning Order No. 45-2592 and to draw the necessary conclusions. The Committee requests the Government to keep it informed in relation to all these matters in its next report.