Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report does not contain information in respect of its previous comments. The Committee noted that Act No. 95-15 of 12 January 1995 issuing the Labour Code affords sufficient protection against acts of anti-union discrimination against trade union delegates and workers' representatives (section 100.5). In respect of protection afforded to workers in general against acts of anti-union discrimination, the Committee notes that section 4 of the Labour Code prohibits employers from taking into consideration "membership or non-membership of a trade union or trade union activities of workers for making decisions regarding, in particular, recruitment, conduct and distribution of work, vocational training, advancement, promotion, remuneration, granting of social benefits, discipline or termination of the employment contract". The Committee understands that violations of the provisions of this section of the Labour Code are punishable by the sanctions applicable under the conditions determined by decree (section 100.4 of the Labour Code). The Committee, therefore, requests the Government to specify whether such a decree exists and to provide the Committee with a copy; should this decree not exist, the Committee requests the Government to take the necessary measures to ensure that the prohibition on acts of anti-union discrimination against workers is accompanied by sanctions which are sufficiently effective and dissuasive. The Committee requests the Government in its next report to indicate the measures taken in this respect.