Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with regret that once again the Government’s report does not contain any reply to its previous comments. The Committee notes the communication from the International Trade Union Confederation (ITUC), dated 29 August 2008, reiterating its previous observations on the application of the Convention. The Committee urges the Government to provide comments in reply to the observations from the ITUC to the effect that wages in the public sector are determined by the Government after consultation with the unions but without any negotiation. In this regard, the Committee emphasizes that the Convention also applies to officials not engaged in the administration of the State and requests the Government to take the necessary steps to ensure that they enjoy the right to collective bargaining.

Article 4 of the Convention. For many years the Committee has been asking the Government to take the necessary steps to amend the legislation so that the negotiation of collective agreements by “professional groupings” is only possible where no trade union exists. The Committee reminds the Government that the Convention promotes collective bargaining between representative organizations of employers and workers and urges the Government once again to amend the legislation accordingly. Noting the indication that a draft new Labour Code is being drawn up to remedy the deficiencies vis-à-vis the Convention, the Committee trusts that the Government will take this point fully into consideration.