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

The Committee notes the Government’s report and other communications.

The Committee recalls that it previously asked the Government to provide information on: (1) the cases that have arisen in recent years in which two trade union organizations claimed to be the most representative; (2) the criteria used in practice by the authorities to determine the most representative trade union; and (3) the number of cases in which the decision of the administrative authority has been challenged in a court of law, indicating the grounds put forward by the complainant trade union organization.

The Committee notes that the Government points out that the criteria used to determine the most representative trade union is that provided for in the Regulations of the Basic Labour Act concerning trade union referendums and that it is not aware of any appeals being lodged against decisions concerning the representativeness of trade unions. The Committee observes that the Government has not sent specific information concerning the cases in which, given that two trade union organizations claimed to be the most representative, the labour authority would have had to have issued a decision.

In this regard, taking into account the comments of the International Trade Union Confederation (ITUC) that: (1) the collective bargaining processes in various sectors have been at a standstill since 2006 (it points out that 243 collective agreements have not been signed and more than 3,500 have not been discussed), and (2) that the trade union referendum mechanism could be a form of state interference in trade union life, the Committee once again requests the Government to provide information on the cases in which two trade union organizations claimed to be the most representative, as well as on the administrative decisions adopted by the labour authority in accordance with the provisions on trade union referendums, and to send the texts of those provisions. The Committee also requests the Government to send its observations on the comments made by the ITUC on the situation with regard to collective bargaining.