Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report.

The Committee recalls that in its previous observation it noted the comments made by the PIT-CNT referring to the lack of rapid and effective machinery against acts of anti-union discrimination and the impossibility of carrying out collective bargaining in the major sectors, particularly in the services and commercial sectors. On that occasion, the Committee requested the Government to: (1) provide further particulars on the average time which elapses between the initiation of investigations of complaints of anti-union discrimination and the imposition of sanctions, or the closure of the case, with an indication of the total number of complaints of acts of anti-union discrimination lodged over the past two years; and (2) to provide information on the number of collective agreements concluded by enterprise and by economic branch, including the public sector and the public administration, with an indication of the sectors and number of workers covered and, if possible, with a full list of the collective agreements concluded in the country.

Article 1 of the Convention. With regard to matters relating to acts of anti-union discrimination, the Committee notes with interest Decree No. 186/004, which provides in section 6 that acts of anti-union discrimination are considered to be very grave offences, for which substantial penalties are envisaged in sections 13 to 16, which may even, in the event of repeated offences, result in the temporary closure of the enterprise. The Committee also notes the Government’s information that: (1) there is no specific procedure for cases of trade union repression, and complaints are consequently dealt with in accordance with Decree No. 500/91, which covers any type of administrative procedure (the Government adds that in view of the variety of forms of evidence which may be produced it is difficult to assess the average duration of procedures); and (2) ten complaints were dealt with by the General Labour Inspectorate in 2002, nine in 2003 and four during the first half of 2004 (according to the Government, the ten complaints lodged in 2002 have been resolved, five of the complaints submitted in 2003 are still being dealt with and four have been resolved and, of those lodged in 2004, three are still being dealt with and one has been resolved). In this regard, the Committee notes that administrative procedures may last more than 12 months. The Committee considers that cases of violations of trade union rights should be examined rapidly so that the necessary corrective measures can be really effective. In these conditions, the Committee requests the Government to take measures to ensure that complaints of violations of trade union rights are examined as rapidly as possible. The Committee requests the Government to provide information in its next report on any measure adopted in this connection.

Article 4. The Committee notes the Government’s indication that: (1) between 1 January 2003 and 21 July 2004, some 155 agreements were concluded covering various enterprises and branches of activity (for metalworkers and transport workers); and (2) there is no information available concerning the total number of workers covered by each of these agreements. In this respect, the Committee requests the Government to provide information in its next report on the number of collective agreements or other accords concluded in the public sector, with an indication of the institutions concerned.