Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Negotiated minimum service. In its previous comments, the Committee requested that the Government provide copies of any texts that implement the Labour Code with regard to minimum service (sections 348, 352 and 354 of the Labour Code, according to the new numbering) and any texts relating to the application of the Convention. It also asked the Government to specify how, in the absence of an implementing text, the minimum service is determined and organized, and to indicate whether trade union organizations may participate in defining the minimum service if they so wish. In its last report, the Government indicates that the text governing minimum service during strikes has not yet been published and that it is to be in the form of a decree giving a list of the enterprises concerned by minimum service and setting out procedures for implementing it. The Government indicates, however, that in practice the minimum service is observed and implemented on a case-by-case basis.

The Committee takes note of this information. It requests that the Government once again provide the decree or draft decree on minimum service and any other texts pertaining to the application of the Convention. It again asks the Government to specify whether trade unions may take part in defining the minimum service if they so wish. The Government is also asked to give examples of instances in which the Government or enterprises involved in public management have had to resort to a minimum service during a strike, specifying the procedures for its implementation.

Political strikes. The Committee notes that the Government has taken note of its observations about strike action as a means of seeking solutions to problems posed by major social and economic policy trends, which have a direct impact on membership (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 165). The Committee notes the Government’s statement that it cannot allow strikes triggered by a trade union following a call by one or more political party for political purposes. The Committee again requests that the Government provide details of the effect given to section 343(a) in practice, and particularly of the specific reasons in each instance for the banning of the strike under this provision.