Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report does not contain a reply to its previous comments.

In its previous comments, the Committee noted that public transport and communications do not in themselves constitute essential services in the strict sense of the term, but that they appear on the list contained in Order No. 5680/MTASE/DMTLS/95 of 24 October 1995, which defines and determines essential services in the context of the exercise of the right to strike. While noting the provisions of section 4 (according to which a minimum service shall be established in essential services and that the determination of the jobs necessary for the implementation of the minimum service and the designation of the workers responsible for their execution are the responsibility of the employer and the trade union body) it observes that, where the parties do not reach an agreement, it is for the public authorities to take the necessary measures to ensure the provision of indispensable minimum services (section 5). The Committee recalls that, where the parties do not reach an agreement, minimum services should be determined by an independent body. The Committee therefore requests the Government to indicate whether, in cases where the parties do not reach an agreement on a negotiated minimum service in transport and communications (which are not considered to be essential in the strict sense of the term), measures are envisaged for an independent body to examine rapidly the difficulties encountered in the definition of the minimum service.

The Committee also recalled that recourse to compulsory arbitration should only be imposed by one of the parties to a conflict in cases in which the right to strike may be limited or even prohibited, that is in essential services in the strict sense of the term or in the event of an acute national crisis. Noting that sections 342, 350 and 351 of the Labour Code permit recourse to arbitration at the request of one of the parties or of the minister in relation to essential services (the above Order includes public transport and communications in such services), the Committee once again requests the Government to provide information on the application in practice of these sections in recent years, and particularly the number of occasions on which recourse has been had to these provisions, the services concerned and the circumstances. The Committee requests the Government to keep it informed of any measures adopted or envisaged to ensure that compulsory arbitration is limited to cases in which the two parties agree to request it, except in essential services in the strict sense of the term or in the event of an acute national crisis.