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

Article 4 of the Convention. Right to collective bargaining. The Committee recalls that its previous comments concerned section 175, second paragraph, of the Labour Code, which prohibits employers from deducting trade union dues from the wages of their employees and from paying the dues in their stead. The Committee noted that, according to the Government, the objective of this provision, as specified in the first paragraph, is to prevent heads of enterprises or their representatives from exerting any pressure either in favour of or against any trade union. The Committee recalls that the purpose of Article 4 of the Convention is to encourage and promote the development and utilization of machinery for the voluntary negotiation of collective agreements. It is of the view that the deduction of trade union dues from the wages of workers is a matter which should be dealt with through collective bargaining. The Committee therefore once again requests the Government to take the necessary measures to amend section 175, second paragraph, of the Labour Code so as to allow the parties to collective bargaining to determine, if they so wish, the arrangements for the deduction of trade union dues. The Government is requested to indicate in its next report any progress achieved in this respect. The Committee will henceforth examine this issue in the context of the application by Niger of the Workers’ Representatives Convention, 1971 (No. 135).

The Committee also notes the reference by the Government in its report to Act No. 2007-26 of 23 July 2007 issuing the general conditions of service of the State public service and Decree No. 2008-244PRN/MFPT/T of 31 July 2008 implementing the Act on the public service. The Committee requests the Government to provide copies of these texts with its next report.