Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph d, of the Convention. Requisitioning of civil service workers in the event of a strike. The Committee recalls that powers of requisition of striking civil service workers authorized by Ordinance No. 81/028, concerning the regulation of the right to strike in the public service, are defined too broadly. Section 11, in effect, authorizes the Government to undertake “a requisition of striking workers, with a view to coping with a national necessity or when the public interest requires it or is seriously threatened, in order to ensure the continuity of public services”. As the Committee has pointed out under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), powers of requisition must be confined to essential services in the strict sense of the term; that is, to those the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in the case of an acute national crisis. Inasmuch as striking workers who refuse to comply with a requisition order are criminally liable (section 12 of the Ordinance), the Committee requested the Government to specify the nature of the sanctions to which they could be subjected. The Committee notes the Government’s indication in this regard that there have been no cases in which any sanctions have been imposed. Taking into account the fact that the legislation defines the powers of requisition too broadly, the Committee requests the Government to indicate the measures taken to ensure that section 12 of Ordinance No. 81/028, which allows for striking civil service workers who refuse to comply with an order of requisition to be made criminally liable, is not in practice used by the courts to punish these workers with a prison sentence.

Communication of legislation. The Committee once again requests the Government to provide a copy of the general statute on the public service, as well as of legislative texts concerning freedom of assembly and demonstration.