Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) dated 24 August 2010 on the application of the Convention, in particular as regards the impact on collective bargaining of the 2009 Act on the Basis for Wages in Public Services. It also notes the comments made by the Trade Union of State and Local Government Employees (TUSLGE) dated 16 August 2010. The Committee requests the Government to provide its observations thereon in its next report.

Article 1 of the Convention. In its previous observation, the Committee, referring to allegations of excessive court delays in dealing with cases of anti-union discrimination, had noted that a comprehensive process of reform had been initiated to enhance the efficiency of the judicial process and reduce the backlog of cases and that a pilot project on mediation in courts showed positive results. The Committee notes that, while the Government does not provide further information in this respect, the ITUC indicates that there has been an important reduction of the backlog of cases but that procedures remain too long, that monitoring and follow-up by the State Inspectorate and the judicial system of violations of workers’ rights remain weak, and that trade unions call for the establishment of genuine labour courts in order to expedite the resolution of labour conflicts. The Committee requests the Government to provide information in its next report on the progress made with respect to the measures aimed at improving the efficiency of the legal protection, as well as a copy of the instruments adopted as a result of the reform process.

Articles 4 and 6. In its previous observation, the Committee had requested the Government to comment upon the allegations that the Act on Salaries in Public Services limits collective bargaining rights in the public sector by setting coefficients for the workplace, with the result that public sector workers can negotiate on their basic salaries only. The Committee notes the information provided by the Government in its report regarding salaries’ adjustment clauses, in particular, that certain collective agreements include clauses on adjustment of wages according to the economic policy in place, and that others may vary contingent on the level of non-taxable income. The Committee further notes that the TUSLGE indicates that the Local and Regional Self-Government Wage Act of 19 February 2010 restricts the rights to organize and bargain collectively of employees of local and regional self-governments, in particular their right to bargain collectively over the wage formation basis. The Committee requests the Government to provide information thereon in its next report.

Furthermore, the Committee had noted the allegations that the Act on the realization of the Government’s budget of 1993 allows the Government to modify the substance of a collective agreement in the public sector for financial reasons. It had requested the Government to provide a copy of the legislative provisions allowing the Government to modify the substance of collective agreements in the public service and information on their application in practice. Recalling that, in general, a legal provision which allows one party to modify unilaterally the content of signed collective agreements is contrary to the principles of collective bargaining, the Committee once again requests the Government to provide, with its next report, a copy of the said legislative provisions, as well as information on their application in practice.