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

The Committee notes that the Government’s report has not been received. It must, therefore, repeat its previous observation, which read as follows:

The Committee recalls that its comments concerned section 4 of the Better Security Act, 1920, according to which any person who wilfully breaks a contract of service or hiring, knowing that this may endanger real or personal property, is liable to a fine or up to three months’ imprisonment. Furthermore, the Committee recalls that in its previous comments it had pointed out that, although according to the Government this provision has never been invoked in the context of strike action, its amendment is nevertheless advisable so as to eliminate the possibility of invoking it in case of future strikes, with the possible exception of those in essential services in the strict sense of the term. The Committee requests the Government to provide information in its next report on the current legal status of the Better Security Act, 1920, as well as to confirm that section 4 has still not been invoked in the context of strike action and that it is not considered as applicable to strike action.

The Committee requests the Government to provide information on any developments in the process of reviewing legislation regarding trade union recognition.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.