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

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Negotiated minimum service. The Committee recalls that in its previous comments it requested the Government to provide a copy of any text implementing the Labour Code as regards minimum service (sections 348, 352 and 354 of the Labour Code, according to the new numbering) and of any other text relating to the application of the Convention. In its last report, the Government indicates that the commission responsible for preparing the implementing legislation for the Labour Code has taken up its work once again following a suspension. The Government will provide the Committee with a copy of the Decree respecting minimum service as soon as it is issued.

The Committee notes this information. It requests the Government to provide it with the Decree or draft decree respecting the minimum service and any other text relating to the application of the Convention. It also requests the Government to indicate the manner in which, in the absence of an implementing text, the minimum service is determined and organized, and whether trade union organizations can participate, if they so wish, in defining this service.

The Committee had noted in previous comments that section 343(a) (new numbering) of the Labour Code classifies as unlawful any strike of a purely political nature. The Committee recalls that organizations responsible for defending workers’ socio-economic and occupational interests should, in principle, be able to use strike action to support their position in seeking solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see the General Survey of 1994 on freedom of association and collective bargaining, paragraph 165). The Committee requests the Government to provide particulars on the application of section 343(a) in practice, and particularly on the specific reasons in each case that have led to the prohibition of strike action under this provision.