Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Articles 2 and 7 of the Convention. The right of workers to establish unions without previous authorization and the acquisition of legal personality by a union. With respect to the provisions of Act No. 7516 of 1991, as amended by Act No. 7795 of 1994, and of the Law on Trade Unions of 1992 previously commented upon by the Committee, it notes with interest the Government’s indication to the effect that the entry into force of the Labour Code has resulted in the repeal of all other Acts adopted before it including the Law on Trade Unions.

Articles 3 and 10 of the Convention. The right of workers’ organizations to organize their activities without interference from the public authorities. With regard to the prohibition of strikes subject to a criminal penalty of three months’ imprisonment in the case when the strike has begun on public holidays and two days before or after them or when serious consequences for production could result (sections 6(c), (ch) and 12 of Decree No. 7458 of 22 February 1991, as amended by Decrees Nos. 7636 of 12 November 1992 and 7711 of 20 May 1993), the Committee notes that the Government once again states in its report that a working group was set up to study the provisions of the Decree in order to bring its legislation into compliance with the Convention but mentions no proposals made by this working group. The Committee also takes note of the fact that, at the request of the Government, an ILO technical assistance mission took place in December 2000 to advise on new strike legislation. It regrets, however, that the Government’s report contains no information on the progress made in this respect.

The Committee therefore once again requests that the Government indicate in its next report any progress made in revising its strike legislation in respect of the above matter.