Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010 which refer to the matters raised by the Committee below and by the Committee on Freedom of Association in Case No. 2317.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing. The Committee recalls that it had previously requested the Government to amend section 6 of the Law on Employers’ Organizations, which required at least ten employers to create an employers’ organization. The Committee notes with interest the Government’s indication that Law No. 121-XVIII of 23 December 2009 amended the Law on Employers’ Organizations as to provide that an employers’ association can be created at the initiative of three employers. The Committee requests the Government to provide a copy of the relevant legislative text with its next report.

The Committee had previously requested the Government to amend section 10(5) of the Law on Trade Unions, according to which primary trade union organizations may acquire the status of legal entity only if they are members of a national branch or national inter-sectoral trade union, so as to guarantee the right of workers to establish and join organizations of their own choosing, including those outside of the existing national trade union structure. The Committee notes the Government’s statement that the National Confederation of Trade Unions has indicated that it could support some reasonable proposals for the improvement of the rule contained in section 10(5) of the Law and that the process to amend this provision will begin in the near future. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 3. Right of workers’ organizations to organize their activities. The Committee had previously requested the Government to consider, in consultation with the social partners, the adoption of legislative provisions expressly providing for the participation of the relevant trade unions and employers’ organizations in determining the minimum services to be ensured in the event of a strike. The Committee notes the Government’s indication that this issue requires further additional examination in consultation with the social partners. The Committee expresses the hope that the necessary legislative provisions will be soon adopted and requests the Government to indicate concrete steps taken or envisaged in this regard. The Committee further once again requests the Government to transmit with its next report Decision No. 656 of 11 June 2004 providing for the list of categories of workers who are prohibited from striking pursuant to section 369 of the Labour Code.

In its previous comments, the Committee had requested the Government to amend sections 357(1) and 358(1) of the Criminal Code providing for disproportionate penal sanctions (including imprisonment for up to three years) for organizing or conducting an illegal strike. The Committee notes the Government’s indication that section 357(1) of the Code has been amended by Law No. 277-XVI of 18 December 2008 (in force since 24 May 2009) as to provide that “organizing or conducting an illegal strike, as well as preventing/hindering of an organization’s, institution’s or enterprise’s activity, under the state of emergency, siege or war is punishable by a fine of up to the amount of 500 conventional units, or by unpaid community service for the period from 100 to 240 hours”. The Committee also notes with satisfaction that section 358 of the Code was repealed by the same legislative Act.