Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report, the information supplied by a Government representative at the Conference Committee in 1994 and the subsequent discussions.

The Committee recalls that its previous comments concerned:

-- the lack of protection against acts of anti-union discrimination for members of mixed trade unions (made up of "official workers" and "public employees", in accordance with sections 57 and 58 of Act No. 50 of 1990); and

-- the prohibition placed on unions of "public employees" from concluding collective agreements (sections 414(4) and 416 of the Labour Code).

With regard to the issue of anti-union discrimination, the Committee notes with satisfaction that in December 1993 the Constitutional Court ruled that section 409 of the Labour Code which limited trade union immunity to public employees and official workers with executive, confidential or management duties was in breach of the 1991 Political Constitution and therefore null and void. It thereby removed the existing restriction on the full enjoyment by all trade union leaders of trade union privileges. The Committee asks the Government to provide information on the adoption of any text repealing the above provision.

With regard to the prohibition placed on "public employees" from bargaining collectively, the Committee takes note of the Government's observations and must again insist that it take steps to ensure that the legislation is amended so that "public employees" who are not engaged "in the administration of the State" are not denied the right to negotiate their conditions of employment collectively, in accordance with Articles 4 and 6 of the Convention.

The Committee notes with interest the statements made by a government representative at the Conference Committee in 1994, to the effect that the Government undertook to pursue its efforts to align the legislation with the requirements of ratified Conventions, possibly with technical cooperation from the ILO. The Committee hopes that in its next report the Government will keep it informed of any resulting changes in the legislation. The Committee is addressing a request directly to the Government on the requirements for collective bargaining by industrial or branch unions.