Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request concerning the limitation on the right to elect freely workers' representatives contained in Rule II(3)(f) of Book V implementing the Labor Code (officers of a union operating in the enterprise must be employed there), the Committee notes the Government's reply that, as this provision was the outcome of tripartite consultations, it would be unfeasible to advocate its amendment without going through the same consultation process, but that the Government has requested ILO assistance for a review of the labour laws and it will keep the Committee informed of developments in relation to this provision.

The Committee accordingly asks the Government to indicate in its future reports progress towards rendering this requirement more flexible so as to allow, for example, a reasonable proportion of union's officers to come from outside the particular enterprise or to admit as candidates persons who have previously been employed in the occupation or enterprise concerned (General Survey on Freedom of Association and Collective Bargaining, 1983, paragraph 158).