Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information provided by the Government to the Conference Committee of 1988 and its report on the application of the Convention.

Referring to the Committee's previous comments concerning the shortcomings of the statutory provisions on protection against anti-union discrimination (Article 1 of the Convention), the Government stated in its previous report that the new Labour Code in the process of being drafted included provisions to guarantee the application of this Article of the Convention concerning the protection of workers against acts of anti-trade union discrimination in employment. The Committee requested the Government to provide a copy of the draft Labour Code and to supply information on the adoption of these measures.

The Committee takes note of the text of the above draft submitted by the Government and notes with interest sections 7 and 353 of the draft Code under which a worker may not be subjected to discriminatory measures either at the recruitment stage or in the course of employment, or in respect of the distribution of work, vocational training, wages, promotion, the granting of social benefits, dismissal and disciplinary measures, and sections 8 and 372 guaranteeing the application of the above provisions by the imposition of civil and/or penal sanctions. It also notes section 54(1) of the draft, under which trade union membership does not constitute a valid reason for dismissal, and section 79 which provides that employers can be obliged to reinstate workers dismissed unjustly. Finally, it notes that, in conformity with section 104(3) of the above draft, all collective agreements must contain provisions which regulate the recruitment and dismissal of workers without prejudicing the free choice of a trade union by the workers.

In the view of the Committee, these provisions should make it possible to ensure that Article 1 of the Convention is given legal effect. However, the Committee regrets that it has received no information concerning the entry into force of the Labour Code.

The Committee expresses the firm hope that the draft Labour Code will be adopted in the near future and urges the Government to provide information on progress made in this respect.