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

The Committee notes the information provided by the Government in its last report. It notes that Labour Act No. 8/85, as amended in 1998 (8/98), provides in section 3(3) that the legal employment relationship of public servants is governed by specific conditions of service. A similar provision is contained in section 35 of Act No. 23/91 of 1991 respecting the exercise of freedom of association. Furthermore, the Government indicates in its latest report that this latter legislation does not apply to public servants, who do not therefore enjoy the right of association.

The Committee emphasizes in this respect that, in accordance with Article 2 of the Convention, all public servants and officials should have the right to establish occupational organizations, irrespective of whether they are engaged in the state administration at the central, regional or local level, are officials of bodies which provide important public services or are employed in state-owned economic undertakings (see General Survey on freedom of association and collective bargaining, 1994, paragraph 49). The Committee therefore hopes that the Government will take measures in the near future to guarantee, in the special conditions of service of public servants, their right of association not only for cultural and social purposes, but also for the purpose of furthering and defending their occupational and economic interests (see General Survey, op. cit., paragraph 52). The Committee notes in this respect that the technical assistance of the Office is at the Government’s disposal to assist it in giving effect to the Convention.