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

Article 4 of the Convention. Collective bargaining. The Committee recalls that it had previously requested the Government to amend certain provisions of the Labour Code, in particular sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 so as to ensure that the legislation makes it clear that, only in the absence of trade unions at the enterprise, branch or territory, the authorization to bargain collectively can be conferred to other representative bodies elected by workers. The Committee notes with regret that in its report, the Government provides no indication on measures taken or envisaged in this respect. The Committee once again recalls that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee therefore once again requests the Government to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, branch or the territory, an authorization to bargain collectively can be conferred to other representative bodies. The Committee requests the Government to indicate measures taken or envisaged in this respect.

The Committee had previously requested the Government to provide the relevant legislative texts establishing the procedure for settlement of collective labour disputes, as referred to in sections 33 and 281 of the Labour Code. Noting that the Government provides no information in this regard, the Committee reiterates its previous request.

Articles 5 and 6. In its previous comments, the Committee had requested the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention. The Committee notes with regret that the Government provides no specific information in this regard and reiterates instead, as it did it its previous report that the application of Convention does not extend to public servants and shall in no way be interpreted as depriving them of their rights or status. The Committee recalls that the only exceptions that may be allowed to the guarantees laid down in the Convention concern armed forces, police and public servants who are engaged in the administration of the State. The Committee recalls that while Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages. The Committee therefore once again requests the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention and therefore not enjoying the rights enshrined therein.