Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s report as well as the comments made by the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2002.

Article 1 of the Convention. 1. Protection against anti-union discrimination. The Committee recalls that its previous comments concerned section 34 of Act No. 107 of 1975 which protects workers against acts of anti-union discrimination during the employment relationship but not at the time of recruitment. The Committee notes from the Government’s report that the conditions required from workers at the time of recruitment do not include the condition of not being a member of a trade union and that the Law on Trade Unions No. 23 of 1998 grants the right to every citizen to constitute or join a trade union. The Committee observes that nothing in the Government’s report permits to affirm that there is an explicit provision in the law affording protection against anti-union discrimination at the time of recruitment as required by Article 1 of the Convention. It therefore once again requests the Government to indicate in its next report any measures taken or contemplated to amend section 34 of Act No. 107 of 1975 so as to afford protection against acts of anti-union discrimination not only during the employment relationship but also at the time of recruitment.

2. With regard to its previous comments regarding the protection of public servants not engaged in the administration of the State, agricultural workers and seafarers against acts of anti-union discrimination, both at the time of recruitment and during the employment relationship, the Committee notes from the Government’s report that even if it is not stated clearly in the Law on Trade Unions No. 23 of 1998, the current legislation affords the necessary protection to all employees in all workplaces including domestic workers, agricultural workers and seafarers. The Government also states that it shall subsequently take the Committee’s observation into account by adopting the necessary measures whenever it is deemed appropriate, in order to realize maximum benefits to all employees in any workplace, regardless of their job. The Committee takes note of the Government’s intention to take the necessary measures. The Committee hopes that the legislation will protect explicitly and through sufficiently dissuasive sanctions all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against all acts of anti-union discrimination, and requests the Government to indicate in its next report any steps taken or contemplated in this respect.

Article 4. 1. The Committee takes note of the comments made by the ICFTU to the effect that the Government must approve all collective agreements to ensure that they are in line with the nation’s economic interests. The Committee recalls that it has previously raised this issue, requesting the repeal of sections 63, 64, 65 and 67 of the Labour Code which require the clauses of collective agreements to be in conformity with the national economic interest, thus violating the principle of the voluntary negotiation of collective agreements and the autonomy of the bargaining parties. The Committee notes from the Government’s report that a new bill which is under discussion shall look into the annulment of sections 63, 64, 65 and 67 of the Labour Code. The Committee hopes that the Government will make every effort to take the necessary action in the very near future and requests the Government to indicate in its next report the steps taken in this respect.

2. In its previous comments concerning the right to bargain collectively of public servants not engaged in the administration of the State, agricultural workers and seafarers, the Committee had requested the Government to indicate the legislative provisions that grant these categories of workers the right to bargain collectively and to give examples of collective agreements in force in these sectors. Noting that the Government’s report does not contain any information in this respect, the Committee once again requests the Government to indicate the legislative provisions that grant public servants not engaged in the administration of the State, agricultural workers and seafarers the right to bargain collectively and to give examples of collective agreements in force in these sectors.