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Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Chad (Ratification: 1961)

Other comments on C098

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The Committee notes the Government's report. It also notes the Labour Code (Act No. 38/PR/96 of 11 December 1996) and the observations made on the Code by the Trade Union's Confederation of Chad.

The Committee notes with interest that the Labour Code which has been under consideration for many years has been adopted. The Committee requested that several provisions regarding certain forms of intervention by the administration in the collective bargaining process be amended as well as those concerning previous authorization regarding the entry into force of a collective agreement. It notes with interest that these provisions have disappeared from the new Code and that, according to the Government, collective agreements will henceforth be "self-executing".

The Committee notes that by virtue of sections 346 and 247 of the Code, the Minister of Labour may make observations on the collective agreements deposited and demand that negotiations be reopened. The Committee wishes to recall on this matter that, in all cases, the parties should remain free in regard to their final decision. It requests the Government to supply, in its next report, detailed information on the application of these provisions, indicating the subject of the observations of the Minister, the number of cases for which reopening of negotiations was requested and the results.

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