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

The Committee notes that 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 matter raised in its previous direct request.

The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002 and 31 August 2005 concerning anti-union dismissals particularly in the public sector, and the threats of dismissal in multinationals if workers do not give up trade union affiliation. The Committee requests the Government to send its observations thereon.

Collective bargaining in the essential services. The Committee had noted the Government’s statement to the effect that sections 75 and 76 of the Industrial Relations Act relate to the declaration of a collective dispute, and its reference to either conciliation or to the court. The Committee had also noted that, according to the Government, the time frame stipulated in these sections promotes prompt interaction between the parties in the interest of collective bargaining. However, the Committee had pointed out that section 76 establishes that, where a collective dispute arises and any parties to it are engaged in an essential service, the parties to the dispute shall refer the dispute to the court. The Committee once again asks the Government to confirm that collective bargaining is possible in the framework of essential services.