Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee takes note of the information supplied by the Government concerning the application of Article 1 of the Convention.

2. In its previous direct request, the Committee asked the Government to examine the possibility of amending section 98 of the Labour Code which enables the Minister to refuse to give approval to a collective agreement and to annul any clause likely to harm the economic interests of the country.

In its report, the Government again indicates that, in the event of refusal, the parties concerned, after being informed of the reasons, are asked to reconsider the clause or clauses declared null and void but that, in practice, no refusals have been notified, since the workers, through their organisations, are aware of the country's interests as they participate in drawing up the economic policy in a number of tripartite bodies.

The Committee takes note of the Government's indications concerning the practical application of this provision. It nevertheless considers that section 98 of the Code in its current wording, is contrary to Article 4 and would appear to have lost all purport in the context in which collective bargaining now takes place. The Committee therefore requests the Government in its next report to provide information on measures which would be taken to bring the legislation into full conformity with the Convention and national practice.