Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received.

It refers to its previous comments on the need to amend sections 19, 20, 21 and 22 of the Industrial Courts Act, 1976, and the extensive list of essential services in the Labour Code which can be applied to prohibit the right to strike at the request of one party. Under these provisions, a trade dispute may be referred to the court at any stage by the minister when he is informed of its existence, and by one party within ten days of such knowledge. Strikes are then prohibited under penalty of imprisonment. In addition, an injunction may be issued against a legal strike when the national interest is threatened or affected.

The Committee notes with interest the conciliatory/mediatory report in the case of Employees at Federal Express v. Federal Express dated 26 August 1999 sent by the Government. However, it would ask once again the Government to indicate in its next report the legislative measures taken or contemplated to ensure that the powers of the minister to refer a dispute to binding arbitration to ban a strike are restricted to strikes in essential services in the strict sense of the term, that is to say, only those the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis or in relation to public servants exercising authority in the name of the State, in order to bring its legislation into full conformity with the principles of freedom of association as soon as possible.