Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report.

1. Article 2 of the Convention. Right to establish trade unions without prior authorization. The Committee notes that after consultation on the issue of the deposit of trade union by-laws in order to obtain legal personality, the Government and the social partners have concluded that the Labour Code needs to be amended and that the matter will be discussed in greater depth by the National Labour Council at its session in 2003. The Committee requests that the Government indicate the measures actually taken in this regard in its next report.

2. Article 2. Right of workers without distinction whatsoever to establish trade unions. The Committee recalls that in its previous comments it noted that seafarers are excluded from the scope of the Labour Code and are covered by Ordinance No. 38 PR/MTPTPT (which does not grant seafarers the right to organize or the right to strike and provides for sentences of imprisonment for breaches of labour discipline). Noting that the Government has taken note of its observation and will act on it in due course, the Committee requests the Government once again to grant seafarers the guarantees established by the Convention, and to send information in its next report on measures taken to that end.

3. The Committee notes the adoption of Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike. It notes, however, that section 8 of the Act still requires the strike notice to indicate the anticipated length of the strike. While noting that, according to the Government, the unions have no objection to this provision, the Committee recalls that to require workers’ organizations to specify the length of a strike amounts to a restriction on their right to organize their administration and their activities and draw up their programmes. The Committee again invites the Government to abolish the obligation to specify the length of the strike and to indicate the measures taken to that end in its next report.