Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which reads as follows:

Referring to its previous comments, the Committee recalls that for several years it has been requesting the Government to expressly amend or repeal the following legislative provisions: (a) - the prior authorization for the establishment of a trade union or a federation (sections 154 and 158 of the Labour Code of 1970; section 57 of the regulations respecting the model statutes of the General Trade Union of Manual and Non-Manual Employees); - the inclusion of a single trade union system in the law (sections 129, 138 and 139 of the Labour Code and sections 5(h), 41, 42, 43 and 47(a) of its regulations); - the high number of workers required to establish trade unions (50 for a trade union or a trade union committee, and 100 for a general trade union) (sections 21, 137, 138 and 139 of the Labour Code and section 55 of its regulations), which are contrary to Article 2 of the Convention which provides that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee also recalls that workers must be able to establish, if they so wish, trade unions outside the existing trade union structure; (b) - the powers of the public authorities to interfere in: (a) the financial administration of trade unions (sections 132(2) and (4) and 133(13) and (14) of the Labour Code); (b) trade union activities (section 145(2) of the Labour Code and section 34 of its regulations); and (c) the formulation of their constitutions and rules (section 150 of the Labour Code and section 62 of its regulations); - the prohibition on political activities by trade unions (section 132 of the Labour Code); and - the denial of the right of foreign workers to hold trade union office (section 142(3) of the Labour Code), which are contrary to Article 3 which provides that workers' and employers' organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities without interference by the public authorities; (c) - the restrictions placed on the activities of trade unions to support their claims (section 16 of Ministerial Order No. 42 of 1975 concerning the procedures for the settlement of industrial disputes), which is contrary to the right of workers and their organizations to organize their activities and formulate their programmes in defence of their economic, social and professional interests, also by calling a strike without interference from the public authorities, in accordance with the principles contained in Articles 3 and 10; (d) - the possibility of the dissolution of a trade union by administrative authority (section 157 of the Labour Code), which is contrary to Article 4, under which workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority. The Committee takes due note of the information provided by the Government in its report to the effect that the Unification Agreement concluded between North and South Yemen provides for the application of the most favourable laws and regulations of the two countries, pending the promulgation of unified legislation. As regards labour law, the Government indicates that the new Labour Code will soon be discussed by Parliament (legislative power). Until its promulgation, the Government indicates that the Basic Labour Code (Act No. 14 of 1978) which does not provide for any of the restrictions under the Labour Code of 1970, will apply to all labour matters. More precisely, with regard to violations of Article 2 mentioned in the Committee's prior observations, the Government refers to article 39 of the Constitution of Yemen and section 93 of the Basic Labour Code (Act No. 14 of 1978) which guarantee to workers the right to establish and join organizations of their own choosing without having to obtain prior authorization, in accordance with the rules and regulations decided and set by these organizations, which are not subject to registration by any state authority. As regards violations of Article 3, the Government declares that the establishment and subsequent operation of trade unions are not subject to any financial or administrative supervision of the public authorities. Financial supervision of trade unions, if any, is practised by the General Confederation of Trade Unions and by the general meetings of trade unions. Finally, as regards the restrictions placed on the activities of trade unions, the Government refers amongst others, to section 93(c) of the Basic Labour Code that provides that the Federation of Trade Unions is entitled to call a strike in accordance with its own regulations and decisions. The Committee would like to recall that the right to strike is one of the essential means that should be available to workers and their organizations at all levels for the promotion and protection of their economic and social interests and that any limitations on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee expresses once again the firm hope that the Government will be able to supply information in its next report on the measures which have been taken expressly to repeal or amend the legal provisions contrary to the requirements of the Convention and to bring them into conformity with the principles of freedom of association and, in particular, through the adoption of the new Labour Code.

The Committee was later informed that a draft law on trade union organizations has been prepared; it expresses the firm hope that the provisions of this law will be in conformity with the requirements of the Convention. The Committee reminds the Government that ILO technical assistance is available if it so wishes.