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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which are in the process of being translated. The points raised therein will be taken up by the Committee in its next examination of the application of the Convention.

The Committee notes the Government’s indication that it has initiated a labour law reform process that is being facilitated by the ILO. Under the reform process, consultations with stakeholders are being held until December 2008, and will be followed by a National Labour Conference in January 2009; the recommendations emanating from the consultations will be analysed and reviewed at the Conference with a view to drafting a final revision of the laws. Further noting that the foreseen revisions will take into account provisions of the legislation that have been highlighted by the Committee as contravening ILO Conventions, the Committee expresses the hope that the reform process will take into full consideration the matters the Committee has been commenting upon for many years, which concern the need for:

–           legislation guaranteeing to workers adequate protection against anti-union discrimination at the time of recruitment, and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions;

–           legislation guaranteeing to workers’ organizations protection against acts of interference by employers and their organizations, including sufficiently effective and dissuasive sanctions; and

–           legislation guaranteeing the right to collective bargaining to employees in state-owned enterprises and public servants who are not public officials engaged in the administration of the State.

The Committee, once again pointing out the seriousness of the problems it has raised, expresses the firm hope that the labour law reform process will result in the near future in bringing the legislation into full conformity with the requirements of the Convention. It further requests the Government to provide information in its next report on developments in this regard.