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

The Committee notes the Government’s report indicating the adoption of a new Labour Code in 2003, Title II of which covers social partnership and guarantees the participation of representative organizations in collective bargaining for the formulation of the collective labour agreement. The Committee refers to its previous direct request and asks the Government to provide detailed information on the following points.

1. Financing of training. The Committee recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (paragraphs 125 and 126 of the General Survey of 2000 on tripartite consultation). The Committee asks the Government to indicate whether such arrangements have been made, in accordance with Article 4, paragraph 2, of the Convention, and, if so, to describe them.

2. Tripartite consultations required by the Convention. In its previous direct request, the Committee noted that consultations are largely carried out by written communication and, when determining the list of international labour Conventions to be ratified, are held in the context of the negotiations for the conclusion of the collective labour agreement. It requests the Government to provide detailed information on the tripartite consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the report, specifying the subject and frequency of such consultations.

3. The Committee notes that, in accordance with article 19 of the ILO Constitution, the Protocol of 2002 to Convention No. 155 and Recommendation No. 194 of 2002, as well as Convention No. 185, were forwarded to the competent authorities in December 2003 and August 2004. It requests the Government to continue providing information on this matter, with an indication of the tripartite consultations held beforehand in accordance with Article 5, paragraph 1(b).

4. Operation of the consultative procedures. The Committee recalls that Article 6 does not impose an obligation to issue an annual report, but it does require the organization of tripartite consultations on whether or not such reports should be issued. The General Survey of 2000 indicates in this respect that the annual report could, for example, include information on the composition of any consultative bodies, the number of meetings, their agenda, the proposals made and the conclusions reached (paragraph 131). The Committee requests the Government to indicate whether the representative organizations have been consulted on this matter, with an indication, where appropriate, of the outcome of these consultations.