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

The Committee notes the Government's report.

With reference to its previous observations concerning new section 154 of the Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee notes that, according to the Government’s report, the wording relates to general concepts as to what is meant by general ethics and morals, and values agreed on by society, and which are needed to safeguard its culture and heritage. The Committee also understands from the Government’s report that section 154 refers to a law that is still in its preparatory phase. The Committee requests the Government to keep it informed in this respect and to provide information as to the scope of section 154 and as to the impact that the broad wording of this section may have on the implementation of the principle of voluntary negotiation. The Committee also asks the Government to provide a copy of the relevant provisions of the law once adopted in order to assess their full compatibility with the principle of voluntary negotiation contained in Article 4 of the Convention.

Concerning section 158 of the new Labour Code, under which a collective agreement binds the parties once it has been registered with the competent administrative authority which can refuse such a registration by stating reasons, the Committee had noted that the Labour Code does not enumerate the specific reasons for refusing the registration of a collective agreement. The Committee notes from the Government’s report that objections from the competent administrative authority, apart from the conditions provided under section 154, may arise: (1) from a procedural flaw; or (2) if the agreement provides for fewer privileges and rights than those specified in the law. The Committee also notes that the administrative objections can be challenged before the courts. Recalling that the approval of a collective agreement may only be refused if: (1) it is tainted with a procedural flaw; or (2) it does not conform to the minimum standards laid down by the labour legislation (see General Survey, op. cit., paragraph 251), the Committee requests the Government to take the necessary steps so as to ensure that these principles are effectively reflected, not only in practice but also in the legislation. The Committee requests the Government to keep it informed of any progress achieved in this respect.

The Committee is also addressing a request on certain other points directly to the Government.