Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report contains no information on the question of:

- the right of the labour authorities at the regional or national levels to submit collective disputes to compulsory arbitration when they occur in a public service enterprise, as determined in section 486 of the Labour Code (section 452(3) of the Code).

In this respect, the Committee stresses that the services of transport and food included under section 486 are not per se essential services in the strict sense of the term.

Furthermore, the Committee notes that Act No. 9 ("establishing and regulating administrative careers"), adopted on 20 June 1994, contains some provisions which may cause problems in the application of the Convention, namely:

- section 185 which lays down the obligation to provide minimum services with 50 per cent of the staff which normally work in them when this relates to bodies which provide essential public services including some which are not essential in the strict sense, especially those relating to transport; and section 152(14), which provides that calling or taking part in strikes which are prohibited or declared illegal, or failing to comply with the requirement for minimum services during lawful strikes, is a reason for direct dismissal.

Recalling that sanctions, such as direct dismissal, provided for in section 152(14) of Act No. 9 should be proportionate to the type and seriousness of the violation committed by the worker, the Committee draws the attention of the Government to the fact that since the imposition of a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. In addition, the minimum services should be limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the services, while maintaining the effectiveness of the pressure brought to bear (see General Survey on freedom of association and collective bargaining, 1994, paragraph 161).

- section 176 which lays down that public servants' associations may establish federations of public servants' associations by class or sector of activity; and that they may in turn establish confederations.

On this matter, the Committee requests the Government to inform it whether they can, if they so wish, join with other organizations in federations which are not public servants' federations. If not, the Committee requests the Government to adopt appropriate measures to amend legislation to that effect.

The Committee once again requests the Government to take the necessary measures to ensure that its law and practice comply with the principles of freedom of association.