Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without interference from the public authorities. In its previous comments, the Committee recalled the need to amend section L.229 of the Labour Code of 1992 in order to limit the power of the Ministry of Labour to impose arbitration to end strikes liable to cause an acute national crisis. This provision allows the Minister of Labour to refer certain disputes to compulsory arbitration, not only where they involve essential services, the interruption of which is likely to endanger the life, personal safety or health of the population, but also in cases where the dispute is liable to “jeopardize the normal operation of the national economy or involves a vital industrial sector”. The Committee notes the Government’s indication that it has not been able to give effect to its intention, expressed on several occasions, to review the Labour Code so as to revise provisions that are obsolete or in contradiction with the spirit of ratified Conventions, due to profound differences of interpretation respecting the nature of essential services. Noting that the Government has requested the Office’s technical assistance, the Committee hopes that it will be able to note progress in the near future, and particularly that section L.229 will be amended in accordance with the provisions of the Convention.

In its previous comments, the Committee also noted that the regulations on the maintenance of a minimum service were inconsistent with the provisions of the Convention and that the trade unions had not been consulted in the formulation of Decree No. 90-562 P-RM of 22 December 1990 establishing the list of services, positions and categories of workers strictly indispensable to the maintenance of a minimum service in the event of a strike in the public services. Regretting that the Government’s report contains no reply on this matter, the Committee once again requests the Government to report on progress in the revision of the Decree of 1990 determining the minimum services to be provided in the event of a strike, in full consultation with the social partners.