Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that, for the third year in succession, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments, which dealt with the following.

1.  Article 2 of the Convention.  With regard to public employees, the Committee asks the Government to state whether this category of workers has the right to organize and to indicate the applicable legislation.

2.  Articles 3 and 10 (right of workers’ organizations to formulate their programmes to promote and protect workers’ interests without interference from the public authorities).  The Committee points out that it has always been of the opinion that the right to strike is one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests (see General Survey on freedom of association and collective bargaining, 1994, paragraph 147).

  Majority for calling a strike.  The Committee notes that section 4 of Act No. 4/92 establishes that decisions on the calling of strikes must be adopted by a two-thirds majority of the workers present at the general assembly convened for the purpose. The Committee considers that the requirement of two-thirds of the workers is high and could be an obstacle to the exercise of the right to strike and that it would therefore be appropriate for the decision to be taken by a simple majority of the workers present at the assembly.

  Minimum services.  The Committee also notes that paragraph 4 of section 10 of Act No. 4/92 establishes that employers determine the minimum services after consulting the workers’ representative. In the Committee’s view, it would be more appropriate to provide that in the event of disagreement in determining such services, the matter should be settled by an independent body.

The Committee further notes that under paragraph 2 of section 9 of the Act, the Ministry in charge of labour administration may authorize the enterprise to hire workers to perform essential services, in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by the strike. Bearing in mind that the application of this provision could restrict the effectiveness of the strike as a means of pressure, the Committee considers that, in such cases, rather than authorizing the enterprise to hire workers to perform essential services, minimum services could be determined by negotiation in which the workers would participate along with the enterprise.

  Essential services and compulsory arbitration.  The Committee notes that, under section 11 of Act No. 4/92, compulsory arbitration applies to the essential services set out in section 10, which include postal services (c) and banking and loans (j), which are not essential services in the strict sense as explained by the Committee (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (see General Survey, op. cit., paragraph 159). The Committee therefore asks the Government to take the necessary steps to ensure that workers in the postal, banking and loans services may exercise the right to strike.

  Grounds for strike.  Lastly, the Committee notes that, under section 1 of Act No. 4/92, the sole purpose of strikes is to safeguard the legitimate occupational and social interests of workers and the interests of the national economy. In the view of the Committee, organizations responsible for defending workers’ socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living (see General Survey, op. cit., paragraph 165).

The Committee asks the Government to state whether strikes are allowed as a means of seeking solutions to economic and social policy questions which are of direct concern to the worker.

  Article 6.  The Committee asks the Government to state whether the right to strike also applies to federations and confederations.

The Committee hopes that in its next report the Government will provide information on the questions it has raised.