Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

The Committee noted the comments of the International Trade Union Confederation (ITUC) dated 24 August 2010 concerning the application of the Convention and reporting dismissals of trade union delegates and members for participation in strikes. The Committee requested the Government to provide its observations on these matters and on the ITUC’s comments of 2009.

Article 3 of the Convention. Occupation of premises in the event of a strike. The Committee noted previously that, under section 386 of the Labour Code, the exercise of the right to strike shall on no account be accompanied by occupation of the workplace or its immediate surroundings, subject to the penal sanctions established in the legislation in force. In this respect, the Committee recalled that any restrictions on strike pickets and workplace occupations should be limited to cases where the action ceases to be peaceful or where observance of the freedom of non-strikers to work, or the right of management to enter the premises, are impeded. The Committee therefore requested the Government to take the necessary measures to amend section 386 of the Labour Code as indicated above so that the restrictions that it envisages only apply in cases in which a strike ceases to be peaceful or where observance of the freedom of non-strikers to work and the right of management to enter the premises are impeded.

Requisitioning of public employees. In its previous comments, the Committee recalled the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 under which, in order to ensure continuity of administration and the safety of persons and property, public servants may be required to perform their duties. The Committee pointed out that it would be advisable to restrict the powers of the public authorities to requisition workers to cases in which the right to strike may be limited or even prohibited. Noting the Government’s statement that it was planning to revise Act No. 45-60/AN, the Committee requested the Government to indicate any amendment or repeal of sections 1 and 6 of that Act. Noting the absence of information in this respect, the Committee reiterated its request to the Government to indicate any measures taken to amend or repeal sections 1 and 6 of Act No. 45-60/AN to take into account the principles referred to above.