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

In its previous comments, the Committee had requested information on the system of extension of collective agreements, pursuant to comments by the International Trade Union Confederation (ITUC), alleging that bargaining rights were weakened by provisions stating that higher level collective agreements (covering a whole industry, sector or region) only apply to those employers who specifically agree to them in writing.

The Committee took note of the Government’s reply according to which section 7 of Act No. 2/1991 was amended so that the employer’s consent is no longer required in order to be bound by the extension of a higher level collective agreement. The Committee took note of the text of section 7 of Act No. 2/1991, as amended. The Committee noted that according to the Government, the employers’ organizations lodged a request for review of section 7, as amended, before the Constitutional Court. The Committee had requested the Government to provide information on the decision of the Constitutional Court.

The Committee notes that the Government indicates in its report that the Constitutional Court has not resolved the case yet. The Committee requests the Government to indicate with its next report the decision of the Constitutional Court.