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

The Committee notes the Government’s report and, in particular, the information that it has taken note of the Committee’s previous comments concerning the need to encourage and promote collective bargaining in the public sector. The Committee recalls that article 276 of the Labor Code provides that the terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the civil service law, rules and regulations, and that their salaries shall be standardized by the National Assembly as provided for in the new Constitution. The Committee further recalls that section 3 of the Administrative Code is of a similar effect.

The Committee notes, however, that the Government has not provided further information in relation to the Committee’s hope that the draft Civil Service Code, which was adjourned without being passed by the 12th Congress, and which the Civil Service Commission had intended to refile before the 13th Congress, would be adopted in the near future.

The Committee once again recalls the importance of the development of collective bargaining in the public sector and the fact that the draft Civil Service Code was first filed before Congress over ten years ago. The Committee repeats its firm hope that the Code will be adopted in the near future and that it will fully grant to public sector employees not engaged in the administration of the State the right to negotiate their terms and conditions of employment in accordance with Articles 4 and 6 of the Convention. It once again requests the Government to provide a copy of the Civil Service Code as soon as it is adopted.