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

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee recalls that it has been commenting for several years on section L.236 of the Labour Code which prohibits minors under 16 years of age from joining trade unions and provides that the fathers, mothers or guardians of minors over 16 years of age may oppose their joining trade unions. The Committee notes that, according to the Government’s report, following the tripartite validation in July 2010 of a study on the conformity of the labour legislation with the fundamental labour Conventions, the amendment of section L.236 of the Labour Code has been incorporated into the draft amended text currently being drawn up. The Committee trusts that the Government’s next report will indicate the amendment of the provisions of section L.236 of the Labour Code to guarantee freedom of association for minors who have reached the statutory minimum age for admission to employment, whether as workers or as apprentices, without the need for authorization from parents or guardians. The Committee requests the Government to provide a copy of any text adopted in that regard.