Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received.

The Committee also notes the comments made by the International Trade Union Confederation (ITUC) on 29 August 2008 on the application of the Convention. The Committee requests the Government to send its observations on the previous comments made by the International Confederation of Free Trade Unions (ICFTU, now ITUC) in 2005 and 2006, concerning the prosecution of seven trade union leaders, impediments to the registration of the executive board of a trade union and a strike in the education sector that was declared unlawful by the administrative authority.

Article 3 of the Convention. The Committee recalls that in its previous observations it asked the Government to amend sections 389 and 390 of the Labour Code which provide for compulsory arbitration of a dispute where 30 days have elapsed since the calling of a strike. The Committee once again points out that, if a dispute is referred to compulsory arbitration after 30 days, the arbitration award should be binding only if all the parties agree to it, or where the strike has been called in an essential service in the strict sense of the term or during an acute national crisis. The Committee requests the Government to provide information in its next report on the measures taken or envisaged to amend these sections as outlined above.