Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

The Committee further notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 31 August 2005 and 10 August 2006, and the response of the Government to the first of these communications. These comments concern legislative issues raised by the Committee in its previous observation, as well as problems regarding the application of the Convention in practice, including anti-union dismissals.

1. Article 1 of the Convention. Development of collective bargaining in the public sector. The Committee notes the Government’s indication that, under section 13 of Executive Order No. 180, only terms and conditions not otherwise fixed by law may be negotiated between public sector employees’ organizations and the Government authorities. The Government further states that whereas such matters as the scheduling of vacation leave, the work assignment of pregnant women and recreational, social, athletic and cultural activities are negotiable, matters relating, inter alia, to wages and all other forms of pecuniary remuneration, retirement benefits, appointment, promotion, and disciplinary action are not. The Committee recalls in this connection that article 276 of the Labor Code provides that the terms and conditions of employment of all Government employees, including employees of government-owned and controlled corporations, shall be governed by the civil service law, rules and regulations, and that their salaries shall be standardized by the National Assembly as provided for in the new Constitution. The Committee notes, moreover, that the ICFTU confirms these restrictions of bargaining rights in the public sector. In these circumstances, while recalling that the Convention is compatible with systems requiring parliamentary approval of certain labour conditions or financial clauses of collective agreements, as long as the authorities respect the agreement adopted, the Committee once again recalls the importance of the development of collective bargaining in the public sector and repeats its firm hope that the Labor Code or other legislation would be adopted in the near future and that it will fully grant to public sector employees not engaged in the administration of the State the right to negotiate their terms and conditions of employment in accordance with Articles 4 and 6 of the Convention. It once again requests the Government to keep it informed of developments in this regard and provide copies of any legislation once adopted.

2. Comments of the ICFTU. The Committee requests the Government to respond specifically to the ICFTU comments of 2006 on the application of the Convention, according to which: (1) an order promulgated in 2004 (the labor standards enforcement framework) essentially abandons the principle of government labour inspection for workplaces with more than 200 workers; (2) anti-union dismissals and acts of interference by employers are frequently committed in export processing zones and other sectors. The Committee also requests the Government to indicate the number of complaints of unfair practices concerning trade union rights, and to provide statistical information on the number of inspections on these matters undertaken in small enterprises.