Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee had previously requested the Government to provide comments on the 2012 observations made by the International Trade Union Confederation (ITUC) alleging that striking teachers were dismissed, striking sanitation workers were injured, and that the offices of the Yemeni Journalists’ Syndicate were attacked.Noting with regret that the Government provides no reply to these observations, the Committee reiterates its previous request.

The Law on Trade Unions (2002)

Articles 2 and 5 of the Convention. The Committee had previously requested the Government to indicate whether employees of high-level public authorities and Cabinets of Ministers, excluded by virtue of its section 4 from the Law on Trade Unions (LTU) enjoy the right to establish and join trade unions.While taking due note of the Government’s indication that since 2011 union committees have been established in all ministerial offices, the Committee requests the Government to clarify if senior public officials also have the right to establish and join their own organizations.

The Committee had also requested the Government to take the necessary measures to amend sections 2, 20 and 21 of the LTU so as to repeal specific reference to the General Federation of Trade Unions of Yemen (GFTUY) and thereby to allow workers and their organizations to establish and join the federation of their own choosing. The Committee notes the Government’s reiteration that it imposes no restrictions on trade union activity and that there are many unions representing workers’ interests that do not operate within the framework of the GFTUY (for example, Trade Union of Doctors, Trade Union of Pharmacists, Trade Union of Engineers, and Lawyers’ Trade Union).Noting that the specific reference to the GFTUY remains in the legislation, and that it could result in making it impossible to establish a second federation to represent workers’ interests, the Committee once again requests that the Government take necessary measures to amend the LTU so as to delete this specific reference.

Article 3. The Committee had previously requested the Government to clarify whether section 40(b) of the LTU required an authorization from the higher level trade union for a strike to be organized, and if this was the case, to take the necessary measures to amend the legislation to bring it into conformity with the Convention. In this regard, the Committee notes the Government’s indication that by virtue of section 40(b) of the LTU there is a requirement to coordinate with the higher union body to organize a partial or general strike and that the Committee’s previous comment on this legislative issue is being considered for the amendment of the Act.The Committee trusts that the Government will take the necessary measures to amend the LTU so as to ensure the right of workers’ organizations to organize their activities and formulate their programmes. The Committee requests the Government to provide information on any development in this regard.

The draft Labour Code. The Committee recalls that in its previous comments it had expressed the hope that the draft Labour Code would be adopted in the near future and that the Government would take into account the Committee’s comments to further amend or revise some of the provisions in the draft. The Committee notes the Government’s indication that due to the armed conflict affecting the country since 2011 it has been unable to complete the amendments of the labour legislation. The Committee further notes the Government’s indication that the draft Labour Code is not applicable to domestic workers, members of the judiciary, and diplomatic and consular staff, but that their rights are guaranteed by law.Recalling that the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces, the Committee requests the Government to indicate all legislative provisions that afford domestic workers, members of the judiciary, and diplomatic and consular staff, the right to establish and join workers’ organizations of their own choosing and without previous authorization.

The Committee further notes the Government’s indication that the draft Labour Code contains no provisions denying the right of workers’ organizations to affiliate with international labour organizations. The Committee recalls that it had also requested the Government to:

• - revise section 173(2) of the draft Labour Code so as to ensure that minors between the ages of 16 and 18 years may join trade unions without parental authorization;
• - provide a list of essential services referred to in section 219(3) of the draft Code, which empowers the Minister to submit disputes to compulsory arbitration, which will be issued by the Council of Ministers once the Labour Code is promulgated;
• - amend section 211 of the draft Labour Code which provides that strike notice must include an indication of the duration of a strike to ensure that a trade union can call a strike for an indeterminate period of time.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the current legislative reform will bring the national legislation into full conformity with the Convention and requests the Government to indicate any developments in this regard.