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

The Committee notes the Government’s report. It notes that a draft amendment of the Labour Code is in process but it has not yet been sent to the Office.

Articles 3 and 10 of the Convention. 1. Right to strike. Referring to its previous comments, the Committee noted that section 183 of the Labour Code, read together with section 189, appeared to provide for a form of compulsory arbitration placing too great a restriction on the right to strike of trade union organizations. It would appear that the latter are bound to follow specific procedures before a conciliation council and, if this is not successful, before the competent jurisdiction, strikes being banned for the duration of these procedures and once there is a final and binding decision. The Committee trusts that the draft amendment of the Labour Code will take into account the need to amend section 189 of the Labour Code to allow trade union organizations to resort to strikes in the event of disagreement with the final decision. The Committee requests the Government to keep it informed of the steps taken in this respect.

2. Right of organizations of public servants not exercising authority in the name of the State to formulate their programmes in defence of the occupational interests of their members including recourse to collective action and to strikes. In its previous comments, the Committee noted that no provisions in the law refer to the granting of the right to strike for public servants or the conditions under which it may be exercised, and noted the Government’s intention to have procedures established for the exercise of the right to strike of public servants. Noting from the Government’s report that the draft amendment of the Labour Code provides for a decree, adopted by the Prime Minister, which will specify the modalities concerning claims and collective bargaining of public officials, the Committee requests the Government to keep it informed in this regard.