Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Côte d'Ivoire (Ratification: 1961)

Autre commentaire sur C098

Observation

Demande directe

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Article 4 of the Convention. Right of workers’ and employers’ organizations to collective bargaining. Criteria for representativeness. In its previous comments, the Committee insisted on the need to ensure conformity of the provisions of section 54-2 of the Labour Code, on the following of workers’ and employers’ organizations further to the result of occupational elections, with the Convention. With regard to the following of workers’ organizations, the Committee requested the Government to take the necessary measures to address in the legislation the issue of the exercise of the right to collective bargaining in the event that no trade union organization reaches the required threshold (at the enterprise or establishment level, at least 30 per cent of valid ballots cast representing at least 15 per cent of registered electors; in a broader occupational and geographical context, at least 15 per cent of the employees working in one or more enterprises in the occupational and geographical sector concerned, in accordance with section 54.2(1) and (2) respectively). With regard to the following of an employers’ organization, (at least 30 per cent of the enterprises in the geographical area and sector concerned or enterprises employing at least 25 per cent of the employees in this sector, in accordance with section 54.2(3)), the Committee requested the Government to take the necessary measures to reduce the representativeness threshold required of employers’ organizations with regard to collective bargaining. The Committee notes the Government’s indication that a discussion was held in August 2019 during the occupational elections, which should be continued in order to better understand the issue of minimum thresholds of representativeness but that to date no text has been adopted. In order to ensure that the thresholds of representativeness required are not an obstacle to the promotion of collective bargaining, the Committee once again requests the Government to take the necessary measures to: (i) address in the legislation the issue of the exercise of the right to collective bargaining in the event that no trade union organization reaches the required threshold; and (ii) reduce the fixed minimum requirements, in order that an employers’ organization may be considered as representative. The Committee requests the Government to provide information on any developments in this matter.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee noted that under section 73.7 of the Labour Code, the possibility of concluding collective agreements in the public service applies only to the staff of public services, enterprises and establishments not governed by specific conditions of service set out in law or regulation, and requested the Government to specify, on the one hand, a list of the public services and establishments not governed by a law and, on the other hand, whether, in law or in practice, public servants subject to a specific law or regulation may participate in formal collective bargaining mechanisms with regard to their conditions of work and employment. The Committee notes that the Government, while providing a list of public establishments: (i) highlights that public establishments are governed by Act No. 2020-627 of 14 August 2020, determining the general regulations on national public establishments and setting out the categories of public establishments; (ii) specifies that staff of public services, enterprises and establishments are governed either by the Labour Code (contracted officials) or by the general conditions of public service; and (iii) reiterates that public servants have access to authorities through which they may refer their demands to their superiors for examination. The Committee understands that while, on the one hand, section 73.7 of the Labour Code may allow for collective bargaining where an employee is not subject to specific conditions of service set out in a law or regulation, on the other hand, section 29 of the above-mentioned Act of 14 August 2020 in practice denies this possibility, by subjecting staff of these establishments to the remuneration scheme applicable to public servants of the State. Recalling that, under Articles 4 and 6 of the Convention, public servants not engaged in the administration of the State, a category that includes employees in public enterprises, municipal employees and employees in decentralized institutions, teachers in the public sector or even public transport staff, must also be granted the right to negotiate the conditions of their work and employment collectively, the Committee requests the Government to specify the conditions in which public servants governed by conditions of service set out in law or regulation may participate in formal collective bargaining mechanisms with regard to their conditions of work and employment that go beyond the mere presentation of their demands or consultations.

Right of collective bargaining in practice.The Committee requests the Government to provide information on the number of collective agreements concluded in the country, including the sectors concerned and the number of workers covered. The Committee also requests the Government to provide information on the initiatives taken by the Government to promote free and voluntary collective bargaining.