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

Repetition

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC), in a communication dated 24 August 2010, on the application of the Convention, in particular as regards the failure to implement a collective agreement on the living and working conditions of workers in rubber plantations and other issues previously raised by the Committee. The Committee requests the Government to provide its observations thereon in its next report.

In its previous observation, the Committee, noting that a new Labour Code – entitled the Decent Work Bill – was being finalized, had expressed the hope that this reform process would take into full consideration the matters it had been commenting upon for many years, which concern the need for:

• – legislation guaranteeing to workers adequate protection against anti-union discrimination at the time of recruitment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions;
• – legislation guaranteeing to workers’ organizations adequate protection against acts of interference by employers and their organizations, including sufficiently effective and dissuasive sanctions; and
• – legislation guaranteeing the right to collective bargaining to employees in state-owned enterprises and public servants who are not public officials engaged in the administration of the State.

In its previous observation, the Committee had noted that, according to the Government, the Decent Work Bill will fully protect the workers and their organizations against anti-union discrimination both at the time of recruitment and during the employment relationship, as well as against acts of interference by the employers and their organizations, and will also ensure the right to collective bargaining of state-owned enterprise employees. The Committee once again expresses the firm hope that the Decent Work Bill will give full effect to the Convention in line with its comments abovementioned, including that concerning the right to collective bargaining of public servants not engaged in the administration of the State, and requests the Government to provide a copy of the Decent Work Bill once adopted.