Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2 of the Convention. Protection against acts of interference. The Committee notes that, under the terms of section 30(2) of the new Labour Code, the head of the enterprise or his or her representatives shall not use any means of pressure in favour of or against any specific trade union organization. The Committee considers that the provision referred to above does not cover all of the acts of interference envisaged in Article 2 of the Convention, and in particular acts which are designed to place workers’ organizations under the financial or other types of control of an employer or of an employers’ organization. The Committee requests the Government to take measures to extend the protection envisaged against acts of interference and to indicate the penalties applicable for violations of the current section 30(2).

Article 4. The Committee notes that, under the terms of section 40 of the new Labour Code, collective agreements have to be discussed by delegates of employers’ and workers’ organizations belonging to the occupations or the professions concerned. Recalling that the level of negotiation should normally be decided upon by the partners themselves, the Committee requests the Government to indicate whether federations and confederations have the right to engage in collective bargaining.

The Committee notes that, under the terms of section 200 of the Labour Code, a decree issued by the Council of Ministers, after requesting the views of the National Standing Labour Council, shall determine the conditions under which collective agreements shall be deposited, published and translated, and those governing the subsequent adherence of trade unions and employers to such agreements. The Committee requests the Government to provide a copy of the Decree referred to above once it has been adopted.

The Committee also requests the Government to provide statistics on the number of collective agreements concluded and the number of workers covered by these agreements.