Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation:

The Committee noted that the legislative amendments introduced by Act No. 94-29 of 21 February 1994 amended certain provisions of the Labour Code, in particular section 381ter which allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term, namely a "service the interruption of which would endanger the life, personal safety or health of the whole or part of the population". Noting that the list of essential services is to be established by decree, the Committee asks the Government to provide a copy of any such decree if adopted. In addition the Committee noted that section 376bis under which strikes are unlawful unless they are approved by the central workers' union (new section 387) does not seem to have been amended. The Committee emphasizes again that this provision is liable to restrict the right of first-level unions to organize their activities (Article 3 of the Convention) and promote and defend the interests of the workers (Article 10). The Committee again asks the Government to take the necessary steps to bring its legislation into closer conformity with the principles of freedom of association by allowing such matters to be regulated by trade union statutes, and to provide information on any developments in this respect in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.