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

Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. The Committee notes that, under the terms of section 242 of the Labour Code, "... young persons under 16 years of age may join trade unions, unless their father or guardian expresses opposition ...". The Committee considers that the minimum age for joining a trade union in full freedom should be the same as that determined for admission to employment. The Committee requests the Government to amend section 242 so as to ensure that minors who are entitled to enter the labour market, even as apprentices, have the right to join trade unions without parental authorization.

Article 3. Right of workers’ organizations to elect their representatives in full freedom, to organize their administration and activities, and to formulate their programmes. The Committee notes that section 251 provides that foreign nationals may hold administrative or executive office in a trade union provided that they have obtained the approval of the Secretary of State for Youth, Sports and Social Affairs. The Committee recalls that the national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country, and that making such access conditional upon the approval of the public authorities is liable to make it difficult and arbitrary. Furthermore, this constitutes interference by the public authorities in the internal affairs of a trade union, which is incompatible with Article 3 of the Convention. The Committee requests the Government to amend section 251 on this point so as to guarantee workers’ organizations the right to elect their representatives in full freedom, also from among foreign workers, at least after a reasonable period of residence in the host country.

The Committee notes that, by virtue of section 376ter of the Labour Code, the notice of strike action must give an indication of the duration of the strike. The Committee considers that the fact of submitting workers and their organizations to the obligation of specifying the duration of a strike could restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. Even though, under the terms of section 376ter of the Labour Code, such notice must only contain an indication of the duration of the strike, the Committee requests the Government to amend the legislation so as to ensure that no legal obligation to specify the duration of the strike is imposed on workers’ organizations.

With regard to the list of essential services determined by decree under section 381ter of the Labour Code, the Committee notes that the Government’s last report does not contain any indications on this matter. The Committee recalls that the above section of the Labour Code allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term. In a previous report, the Government had indicated that a copy of the decree determining the list of essential services would be supplied to the Office once it had been adopted. The Committee therefore requests the Government to indicate in its next report whether this decree has been adopted and, if so, to provide a copy of it. If no decree has yet been adopted, the Committee asks the Government to indicate in practice the cases in which the Prime Minister has had recourse to the power to submit a conflict to arbitration, under the terms of section 381ter of the Labour Code.