Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Effective tripartite consultations required by the Conventions. The Committee notes the Government’s report, received in September 2009. The Government indicates that, in the context of the application of the principle of tripartite consultation, sections 92 and 93 of Act No. 38 of 1964 concerning the Labour Code for the private sector refer to a labour affairs advisory commission, which comprises representatives of the Ministry of Social Affairs and Labour and other ministries and also representatives of employers’ and workers’ organizations. This commission is responsible for issuing advisory opinions on labour legislation. The Ministry of Social Affairs and Labour is responsible for the publication of decrees regulating the composition of this commission and also its working methods. The Government has not supplied any information on the setting up of the advisory commission provided for by the Labour Code, or any other information on the tripartite consultations relating to international labour standards required by the Convention. The Committee requests the Government to supply a report containing detailed information on the consultations held on each of the matters relating to international labour standards set out in Article 5(1) of the Convention, stating their object and frequency, and also to indicate the nature of any reports or recommendations made as a result of the consultations.

Article 6. Working of consultative procedures. The Government indicates that the Ministry has not received any report but that it will take account of the recommendation to draw up an annual report on consultative procedures. The Committee requests the Government to keep it informed of any new developments in this respect.