Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Congo (Ratification: 1960)

Autre commentaire sur C087

Observation

Demande directe

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Article 3 of the Convention. Right of workers’ organizations to conduct their activities in freedom and formulate their programmes. The Committee previously asked the Government to amend section 248-11 of the Labour Code to remove the reference to the occupation of premises from the list of acts constituting serious misconduct during a strike, so as to bring it into conformity with the principles whereby the occupation of premises, in the event of a strike, should only be deemed as constituting serious misconduct in cases where the action loses its peaceful nature, or in the event of failure to respect the freedom to work of non-strikers, or the right of the enterprise management to enter the premises. The Committee notes the Government’s indication in its report that the formulation of section 248-11 of the Labour Code takes account of these principles but that it is prepared to specify what constitutes misconduct in the occupation of premises during a strike. The Committee therefore requests the Government to ensure that section 248-11 is amended as part of the revision of the Labour Code that is under way, as mentioned in its report, in order to take full account of the abovementioned principles.

The Committee also previously observed that, under sections 248-11 and 248-12 of the Labour Code, read in conjunction, participation in an unlawful strike constitutes serious misconduct and those concerned may be liable to criminal prosecution. The Committee asked the Government to indicate the criminal penalties which could be imposed under these conditions on striking workers. The Committee notes the Government’s indication that these penalties consist of paying the cost of the damage caused to the enterprise and to non-striking workers. The Committee emphasizes that criminal penalties must not be imposed on workers who have gone on strike and such penalties may only be considered if, at the time of the strike, violence against people or property or other serious offences under criminal law are committed, pursuant to the legislative provisions that punish such actions, particularly the Penal Code. The Committee requests the Government to take all necessary measures to ensure observance of this principle.

Finally, the Committee notes the Government’s indication that the body responsible for deciding whether or not a strike is illegal is the labour tribunal, which bases its decision on information from the labour inspectorate.