Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report, the provisions of the new Constitution of 1993 and of the new Industrial Relations Act of 26 June 1992, and the Regulations issued thereunder, as they regard freedom of association, as well as the interim conclusions of the Committee on Freedom of Association in respect of Cases Nos. 1648 and 1650 (291st Report, paragraphs 435-474, approved by the Governing Body at its 258th (November 1993) Session).

The Committee notes with interest that the Industrial Relations Act (fifth transitional and final section) repealed the provisions respecting the intervention of the Government in collective bargaining (Presidential Decree No. 017-82/TR), the approval of collective agreements by under-directors of labour (Presidential Decree No. 003-72/TR), and compulsory arbitration at the request of one of the parties (section 13 of Presidential Decree No. 009-86/TR), which had been the subject of comments by the Committee of Experts.

Articles 1 and 2 of the Convention

Nevertheless, the Committee notes that the 1992 Act does not provide for any sanctions to guarantee the protection of workers against acts of anti-union discrimination nor to protect organizations of workers against acts of interference by employers. In this respect, the Committee wishes to point out that the existence of basic standards prohibiting acts of anti-union discrimination or interference in trade union activities is not enough if they are not accompanied by effective and sufficiently dissuasive procedures to ensure their application in practice (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraphs 230 and 232).

The Committee also refers below to the provisions of the new Act and its regulations, which may still give rise to problems in the application of the Convention:

- the requirement of a majority not only of the number of workers, but also of enterprises, in order to conclude a collective agreement for a branch of activity or occupation (section 46);

- the obligation to renegotiate collective agreements which are currently in force (fourth transitional and final section, and sections 43(d) of the Act and 30 of its regulations).

The Committee requests the Government to take initiatives to amend the legislation so as to include appropriate measures against acts of anti-union discrimination and interference by employers in the activities of trade union organizations and, in the same way as the Committee on Freedom of Association, requests the Government, in consultation with the social partners, to take steps to amend the legislation so as to enable organizations of employers and workers to exercise freely and without impediment the right to collective bargaining, in accordance with Article 4 of the Convention.

The Committee requests the Government to supply information in its next report on the measures which are envisaged or have been adopted in this respect.