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

The Committee takes note of the information furnished by the Government in response to its previous observation.

However, the Committee understands that, in a decision of 7 December 1995, the Supreme Court has stated that a law can modify the substance of a collective agreement concluded for the whole of the public sector.

The Committee recalls in this respect that under the terms of Article 4 of the Convention, the public authorities should promote collective bargaining. Moreover, this provision emphasizes the voluntary nature of negotiation. In the Committee's view, the intervention of the public authorities in the implementation of collective agreements constitutes a violation of this provision.

The Committee requests the Government to provide information on this decision of the Supreme Court and on the measures taken to ensure the promotion of collective bargaining in the public sector with regard to public servants not engaged in the administration of the State who are covered by the Convention.