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

The Committee notes the Government’s first report. It notes in particular that the Government refers to the adoption of a new Constitution, emphasizing that then the provisions concerning the protection of trade union rights remain unchanged. The Committee notes that the Government will send a copy of the new Constitution to the Office.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes that section 6 of Trade Union Act No. 5/92 of 28 May 1992 states that any agreement, provision or act aimed at making an employee or his conditions of work subject to being or becoming a member of a trade union or to renouncing membership thereof shall be null and void. The Committee also notes that, with regard to the dismissal of trade union stewards, section 12(4) of the aforementioned Act states that the dismissal of a trade union steward can only be on the grounds of a justified disciplinary measure or the definitive closure of the enterprise. In addition, section 14(b) of Act No. 6/92 of 21 February 1992 concerning individual conditions of work provides that the employer has the duty to avoid discriminatory procedures on the basis of the worker’s membership of a trade union. Finally, the Committee noted that, according to the Government, the legislation does not lay down penalties for acts of anti-union discrimination. The Committee therefore requests the Government to take the necessary steps to establish penalties in law that constitute an adequate deterrent against acts of anti-union discrimination.

Article 2. Facilities. The Committee notes that section 12(2) of Act No. 5/92 provides that trade union representatives shall be afforded, for the exercise of the powers conferred on them by trade union rules, the following rights and facilities: (a) the use of adequate premises in the enterprise for the performance of their activity; (b) freedom of movement in work premises occupied by workers belonging to the union; (c) to display in appropriate locations in the enterprise the documents relating to the existence and activities of the trade union and the social and occupational interests of the workers; and (d) to convene, conduct and provide information on the trade union meetings referred to in section 11. The Committee further notes that section 14(d) of Act No. 6/92 relating to the employer’s obligations states that it is the duty of the employer to facilitate the exercise of the function of trade union representatives for those who have been elected to such posts and to accept as legitimate interlocutors of the enterprise management the workers who perform those representative functions.

Articles 3, 4 and 5. Elected representatives and trade union representatives. The Committee notes that section 12 of Act No. 5/92 only establishes the number of trade union representatives (representatives elected by the union membership) that must be designated according to the number of workers in the enterprise who are union members.