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

The Committee takes note of the Government’s indication of the promulgation of a new Labour Relations Act (No. 12 of 2010) which contains provisions addressing issues raised by the Committee for many years on the implementation of the Convention. The Committee requests the Government to provide a copy of Act No. 12 of 2010 on labour relations, as well as any regulation issued under it. The Committee will proceed to the examination of any progress made in relation to questions it recalls below once the text is received.

The Committee takes note of the comments submitted by the International Trade Union Confederation (ITUC) on 24 August 2010 in relation to issues already under examination by the Committee, and in particular according to which the Government sets salaries unilaterally. The Committee notes the Government’s reply according to which the wages of state employees are issued by virtue of an Act, which is publicly debated in the people’s basic congresses, which are responsible for their approval. The Committee recalls that public servants not engaged in the administration of the State should enjoy the rights enshrined by the Convention, including the right to collective bargaining which covers wages.

Article 1 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to ensure that the legislation protects explicitly, and through sufficiently dissuasive sanctions, all workers (including public servants not engaged in the administration of the State, agricultural workers and seafarers) against all acts of anti-union discrimination at the time of recruitment and during the employment relationship. The Committee notes the Government’s indication that section 3 of Act No. 12 of 2010 specifies that favouritism or discrimination on the grounds of trade union membership, among others, shall be prohibited, and that section 77 of the Act provides that a worker’s contract may not be terminated for a reason linked to his/her trade union membership, or because of his/her participation in a trade union activity outside or during working hours, with the approval of the employer. The Committee takes note of this information and requests the Government to specify the sanctions provided in the new law against acts of anti-union discrimination.

Article 4. Collective bargaining. In its previous comments, the Committee referred to sections 63, 64, 65 and 67 of the Labour Code, which require the clauses of collective agreements to be in conformity with the national economic interest, thus violating the principle of the voluntary negotiation of collective agreements and the autonomy of the bargaining parties. The Committee also took note of the Government’s indication that a new Act on labour relations would repeal the abovementioned provisions so as to give collective bargaining full scope taking into account the Committee’s previous observation. The Committee notes from the report of the Government that sections 63, 64, 65 and 67 of the Labour Code Act were repealed by virtue of Act No. 12 of 2010.

The Committee also referred previously to the absence of collective agreements covering public servants not engaged in the administration of the State, agricultural workers and seafarers, and expressed the hope that any new legislation will expressly grant to these categories of workers the right to bargain collectively. The Committee notes the Government’s indication that exceptions mentioned in the previous Labour Code (domestic workers and agricultural workers) was addressed by Act No. 12 of 2010, which now includes all categories of workers except workers regulated by other laws or special regulations and family workers. The Committee takes note of this information and requests the Government to confirm that seafarers are not excluded from the application of the new legislative provisions and to specify the legislative text applicable to public servants not engaged in the administration of the State with regard to their collective bargaining rights. The Committee also requests the Government to indicate whether the workers that are regulated by other laws or special regulations are granted the rights and guarantees set out in the Convention.

Furthermore, the Committee invites the Government to provide any statistics available on the number of collective agreements presently in force by sector, and the number of workers they cover.