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

The Committee notes the Government’s report.

The Committee recalls that its previous comments concerned the following points:

-  lack of legislative protection against acts of interference (Article 2 of the Convention);

-  rights guaranteed for workers in export processing zones (EPZs). In this connection, the Committee had noted with interest that the Government had issued on 31 January 2001 a declaration (SRO No. 24, Law/2001) that would allow workers in EPZs the right of association and other facilities, as from 1 January 2004 and had requested the Government to provide the text of that declaration;

-  obstacles to voluntary bargaining in the private sector (sections 7(2), 22 and 22A of the Industrial Relations Ordinance, 1969 (IRO)). In this connection, the Committee had requested the Government to take the necessary steps to remove the requirements: (a) in section 7(2) that, in order to be registered under the IRO, a trade union must have a membership of at least 30 per cent of the total number of workers in the establishment or group of establishments in which it was formed; and (b) in sections 22 and 22A of the IRO that only unions which were registered in accordance with section 7 may become collective bargaining agents;

-  restrictions on voluntary bargaining in the public sector (section 3 of Act No. X of 1974), in particular through the practice of determining wage rates and other conditions of employment by means of government-appointed wages commissions.

1. Protection of workers’ and employers’ organizations against acts of interference by each other (or their agents). The Committee notes that the Government refers to sections 15, 16 and 53 of the IRO concerning the protection of workers against "acts of anti-union discrimination". The Committee recalls, however, that Article 2 of the Convention requires the prohibition of "acts of interference" by organizations of workers and employers (or their agents) in each other’s affairs, designed in particular to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations under the control of employers or employers’ organizations. The Committee therefore requests the Government to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, against acts of interference, and keep it informed in this respect.

2. Trade union rights in EPZs. The Committee regrets that the Government has not sent the declaration of 31 January 2001 (SRO No. 24, Law/2001) concerning the right of association in EPZs and requests it to provide the text thereof.

3. Thirty per cent requirement for registration of a trade union and the requirement to have one-third of employees as its members in order to be able to negotiate at the enterprise level (sections 7(2) and 22 of the IRO). While noting that the Government considers that these requirements are justified in the national socio-political and economic context and are not opposed by workers, the Committee points out that these requirements may impair and make difficult the development of free and voluntary collective bargaining. The Committee therefore once again requests the Government to lower the percentage requirements set for registration of a trade union and collective bargaining (at least on behalf of its own members) and to keep it informed in this respect.

The Committee further recalls that where, under a system for nominating an exclusive bargaining agent, there is no union representing the required percentage to be so designated, collective bargaining rights should be granted to the existing unions, at least on behalf of their own members. The Committee therefore requests the Government to amend section 22 so as to bring it into conformity with the Convention and keep it informed in this respect.

4. Practice of determining wage rates and other conditions of employment in the public sector by means of government-appointed tripartite wages commissions (section 3 of Act No. X of 1974). While noting that the Government indicates that the present tripartite system is facilitative and gainful and that the collective bargaining agents enjoy the right to bargain with their stakeholders so that voluntary bargaining is not restricted, the Committee recalls that, in line with the Convention, free and voluntary collective bargaining should be conducted between the directly interested workers’ organization and an employer or an employers’ organization, which should be able to appoint freely their negotiating representatives. It therefore once again requests the Government to amend its legislation and to modify the present practice so as to bring them into conformity with the Convention, and to keep it informed in this respect.

5. The Committee further notes that the Government once again indicates that the draft Labour Code, submitted by the National Labour Commission, had raised several objections from various quarters (workers, employers and other legal bodies) and was reviewed by a committee of legal experts which, in turn, has submitted its views and report, and that the Government is taking active steps to have it passed by Parliament. The Committee, once again, strongly encourages the Government to ensure that the above comments are duly taken into consideration and reflected in the future legislation. The Committee requests the Government to inform it in its next report of any progress made in this respect.