Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with interest the Government’s first report. It nonetheless requests the Government to provide further information on the following points.

Article 1 of the Convention.  Scope of the Convention.  The Committee notes that section 1(1) of the General Statute of the Public Service lays down the general rules applying to all public servants and establishes that they have the right to organize (section 19). The Committee notes, however, that, contrary to Article 1 of the Convention, the said section 1(1) stipulates that the statute does not apply to personnel hired on a contractual basis, to temporary personnel, and to the personnel of local communities and designated public bodies. The Committee therefore asks the Government to take steps to amend the legislation so that these categories of public employees enjoy the guarantees provided for in the Convention.

The Committee notes that the members of the armed forces and the police each have their own statutes. It asks the Government to provide copies of them and to indicate whether the armed forces and the police enjoy the right to organize.

Articles 4 and 5.  Protection of the right to organize.  The Committee notes that the General Statute of the Public Service contains no provisions on protection against acts of anti-union discrimination and interference. The Committee recalls that the legislation should contain specific provisions to protect workers against acts of anti-union discrimination at the time of taking up employment and in the course of employment, and against acts of interference by public authorities. Such provisions should be coupled with effective and expeditious procedures (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 203 and 224). The Committee therefore asks the Government to take measures to amend the legislation accordingly.

Articles 7 and 8.  The Committee notes that, according to the Government’s report, the joint administrative committees are responsible for the settlement of disputes. The Committee asks the Government to provide additional information on the role and duties of the administrative committees and on any agreements concluded in the public service in the last few years (number, institutions, workers covered, etc.).