Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes with regret that it has not received the Government’s report. It observes that the International Confederation of Free Trade Unions (ICFTU) sent comments on the application of the Convention. The Committee requests that the Government transmit its observations in this regard.

The Committee recalls that for many years in its comments it has been referring to:

–      the requirement of an excessively high number of workers (300) to establish a branch trade union (section 292 of the Labour Code);

–      the imposition of excessive requirements to be able to hold office in the executive body of a trade union (sections 298(a) and 293(d) of the Labour Code);

–      the submission of collective disputes to compulsory arbitration (sections 284-320 of the Code of Labour Procedure);

–      the prohibition on workers from joining more than one union even if they have more than one part-time employment contract, whether at the enterprise, industry, occupation or trade or institution level (section 293(c) of the Labour Code);

–      the requirement that trade unions must comply with all requests for consultations or reports from the labour authorities (sections 290(f) and 304(c) of the Labour Code);

–      the requirement that, for a strike to be called, its sole purpose must be directly and exclusively linked to the workers’ occupational interests (sections 358 and 376(a) of the Labour Code), and the obligation to ensure a minimum service in the event of a strike in public services which are essential to the community, without consulting the employers’ and workers’ organizations concerned on the definition of the minimum service (section 362 of the Labour Code).

The Committee asks the Government to take steps to amend the above provisions and to provide information in its next report on any measures adopted to comply with the requirements of the Convention.