Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information provided by the Government in its report.

1. Right of workers' organizations to formulate their programmes without interference from the public authorities, including strike action. The Committee notes that under section 4 of Decree No. 7458 of 22 February 1991 on the right to strike, as amended by Decree No. 7636 of 12 November 1992 and Decree No. 7711 of 20 May 1993, a strike may be launched only after 15 days' prior notice, and on condition that the duration of the strike has been declared. In addition, a strike that has been declared for the first time may not last longer than one day. Furthermore, under the terms of section 6 of Decree No. 7636 of 12 November 1992, read in conjunction with section 6(c) and (ch) and section 9(2) of Decree No. 7458, strikers are liable to a penalty of three months' imprisonment. The Committee considers that notice conceived as an additional stage in the bargaining process and designed to encourage the parties to engage in final negotiations before resorting to strike action is acceptable (see 1994 General Survey on freedom of association and collective bargaining, paragraph 172). Noting, however, that legislation requires strike organizers to indicate the duration of the strike, the Committee requests the Government to indicate the consequences for workers who remain on strike beyond the stated duration.

The Committee noted previously that under section 2 of the strike Act, a strike may be declared only after agreement by a majority vote of workers. The Committee considers that only votes cast should be taken into account (see General Survey, op. cit., paragraph 170).

As regards the prohibitions of strike action contained in section 6(c) and (ch) and section 9(2) under penalty of three months' imprisonment, the Committee considers that the prohibition of strikes on public holidays and on the two days before and after a public holiday, or in sectors where strikes have serious consequences for production or when an order to stop the strike has been issued by a court at the request of an employer, is not in conformity with the principles of freedom of association. Furthermore, the Committee considers that sanctions for strike action should only be possible where the prohibitions of strike action are in conformity with freedom of association principles, and the sanctions should not be disproportionate to the seriousness of the violation (see General Survey, op. cit., paragraph 177).

The Committee in addition requests the Government to communicate any judicial decisions that have the effect of declaring a strike illegal, to enable it to examine the conformity of those decisions with the principles of freedom of association.

2. Establishment of employers' organizations. The Committee requests the Government to provide a copy of the Civil Code of 1994 which governs the establishment of employers' organizations.

3. Restrictions on public servants' right to organize. The Committee notes that, according to information provided by the Government in its report, public servants do not have the right to strike. The Committee recalls that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State (see General Survey, op. cit., paragraph 158). The Committee requests the Government to indicate in its next report the measures taken or contemplated to ensure that public servants who do not exercise authority in the name of the State are not subject to sanctions for exercising the right to strike.

The Committee requests the Government to provide additional information on these points in its next report.