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

Repetition

The Committee notes the observations received on 10 June 2011 from the National Trade Union Confederation (CNS “Cartel Alfa”) and the Block of National Trade Unions (BSN), as well as the Government’s comments thereon.

Article 5 of the Convention. Coexistence of trade union representatives and elected representatives in the same undertaking. The Committee notes that the CNS “Cartel Alfa” and the BSN denounce the wilful and disproportionate increase of the role of elected employees’ representatives to the detriment of trade unions under the legislation adopted in 2011, which allows such representatives to engage in collective bargaining under very lax conditions, even if trade unions are also represented in the respective undertakings. The Committee notes the Government’s indication in this regard that the legislation provides for the exclusive right to collective bargaining of the representative union at enterprise level or of a trade union affiliated to a representative trade union federation at sectoral level, and in the absence of such a trade union, stipulates the possibility for elected employees’ representatives to participate in collective bargaining, which cannot limit or exclude the election, participation or entitlement of trade union representatives to collective bargaining. The Committee observes however that, according to section 135(1) of Act No. 62 of 2011 concerning social dialogue, in enterprises where there is no representative enterprise union: (a) if there is a trade union at enterprise level which is affiliated to a representative trade union federation at sectoral level, the negotiation will be undertaken by the representatives of that trade union federation together with the elected employees’ representatives; and (b) if there is a trade union at enterprise level which is not affiliated to a representative trade union federation at sectoral level, or if there is no trade union at enterprise level, the negotiation will be undertaken by the elected employees’ representatives. The Committee emphasizes that the affiliation to a representative trade union federation should not be required for enterprise unions to be able to negotiate at enterprise level. It also recalls that minority unions in the unit should be able to negotiate, jointly or separately, on behalf of their own members, if no union represents the required percentage for representativity to be able to negotiate on behalf of all workers (exclusive bargaining agent). The Committee requests the Government to amend the relevant legislation in order to guarantee the application of these principles and thus give effect to Article 5 of the Convention.