Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

In its previous observation, the Committee referred to the need for workers’ representatives to be afforded facilities to allow them to carry out their duties quickly and efficiently, and requested the Government to take additional steps in order to ensure that, under the terms of the legislation or through collective agreements, the union leaders and delegates in question benefit from other facilities to enable them to carry out their functions (such as the right to collect trade union dues on the premises of the undertaking, the distribution of trade union documents among the workers of the undertaking, etc.) The Committee notes that the Government indicates in its report that it shall endeavour to take the recommended measures. In this respect, the Committee requests the Government to communicate in is next report any information related to facilities granted to workers’ representatives to allow them to carry out their duties.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

The Committee recalls that it commented previously on the need for workers’ representatives to be afforded protection against anti-trade union discrimination, as well as facilities to allow them to carry out their duties quickly and efficiently.

The Committee notes with satisfaction that Act No. 35 on the organization of trade unions, which was adopted and promulgated on 31 August 2002, prohibits any act of anti-union discrimination against workers’ representatives and that dissuasive sanctions are provided under the Labour Code. It also notes that sections 38 and 39 of the Act provide for trade union leave.

The Committee requests the Government to take additional steps in order to ensure that, under the terms of the legislation or through collective agreements, the union leaders and delegates in question benefit from other facilities to enable them to carry out their functions (such as the right to collect trade union dues on the premises of the undertaking, the distribution of trade union documents among the workers of the undertaking, etc.).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that it commented previously on the provisions in the bill on trade unions concerning the protection of workers’ representatives against anti-trade union discrimination and the facilities to allow them to carry out their duties quickly and efficiently.

The Committee notes that, according to the Government’s report, Act No. 35 on trade unions was adopted and promulgated on 31 August 2002. The Committee notes that the Government sent a copy of the Act but that it has not been received by the Office. The Committee would be grateful if the Government would send Act No. 35 again.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

It recalls that it commented previously on the provisions in the bill on trade unions concerning the protection of workers’ representatives against anti-trade union discrimination and the facilities to allow them to carry out their duties quickly and efficiently.

The Committee notes that, according to the Government’s report, Act No. 35 on trade unions was adopted and promulgated on 31 August 2002. The Committee notes that the Government sent a copy of the Act but that it has not been received by the Office. The Committee would be grateful if the Government would send Act No. 35 again.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its report.

1. Article 1 of the Convention. With reference to the Committee's previous comments concerning the insufficiency of legislative provisions to ensure adequate protection against acts of anti-union discrimination against workers' representatives, the Government indicates that the Constitution as well as certain provisions of the new Labour Code No. 5 of 1995 guarantees such protection. The Government further states that certain provisions of the draft Trade Unions Act provides protection for workers' representatives.

The Committee notes that section 35 of the new Labour Code stipulates that workers' representatives on a trade union committee shall not be dismissed or otherwise disciplined for carrying out their trade union activities in accordance with the Code, the Trade Unions Act and the rules and regulations made thereunder. The Committee therefore trusts that the draft Trade Unions Act, the provisions of which would grant additional protection for workers' representatives, will be adopted shortly.

2. Article 2. The Committee notes the information supplied by the Government to the effect that the draft Trade Unions Act affords various facilities to workers' representatives in order to enable them to carry out their functions promptly and efficiently: for example, section 28 of the draft Trade Unions Act provides for the right of organizations to hold meetings without prior authorization; section 32 of this draft Act grants organizations the right to participate in conferences, meetings and other gatherings relating to work and employment whether on the national, local or international levels for which they shall be entitled to receive wages and indemnities, etc.

The Committee requests the Government to provide a copy of the draft Trade Unions Act as soon as it is adopted.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. With reference to its previous comments concerning the insufficiency of the legislative provisions to ensure adequate protection against acts of anti-union discrimination against workers' representatives, the Committee had noted the Government's statement in its last report that the formulation of the draft text of the Labour Code, of which section 158 provides protection for workers' representatives, has been completed.

The Committee trusts that the new Labour Code, including new section 158, will be adopted as soon as possible and it requests the Government to supply a copy of it as soon as it has been adopted.

2. Article 2. The Committee notes the information supplied by the Government to the effect that sections 134(b), 137(3), 241 and 242 of the regulations issued under Act No. 19 of 1991 respecting the public service apply this Article of the Convention. The Committee, however, notes that sections 241 and 242 only provide for the protection of public servants against acts of anti-union discrimination and that sections 134(b) and 137(3) relate to the possibility of the secondment of a public servant to work in a trade union.

In these conditions, the Committee is once again bound to draw the Government's attention to the terms of Article 2 of the Convention, under which such facilities in the enterprise shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their function promptly and efficiently (for example, the free time necessary to attend trade union meetings, training courses, seminars, conferences and congresses, access to the workplace when necessary, places to post trade union notices, etc., as indicated in Chapter IV of the Workers' Representatives Recommendation, 1971 (No. 143)).

The Committee once again requests the Government to indicate in its next report whether measures have been taken to afford such facilities to workers' representatives in enterprises, both in the private and public sectors.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. With reference to its previous comments concerning the insufficiency of the legislative provisions to ensure adequate protection against acts of anti-union discrimination against workers' representatives, the Committee notes the Government's statement in its last report that the formulation of the draft text of the Labour Code, of which section 158 provides protection for workers' representatives, has been completed.

The Committee trusts that the new Labour Code, including new section 158, will be adopted as soon as possible and it requests the Government to supply a copy of it as soon as it has been adopted.

2. Article 2. The Committee notes the information supplied by the Government to the effect that sections 134(b), 137(3), 241 and 242 of the regulations issued under Act No. 19 of 1991 respecting the public service apply this Article of the Convention. The Committee, however, notes that sections 241 and 242 only provide for the protection of public servants against acts of anti-union discrimination and that sections 134(b) and 137(3) relate to the possibility of the secondment of a public servant to work in a trade union.

In these conditions, the Committee is once again bound to draw the Government's attention to the terms of Article 2 of the Convention, under which such facilities in the enterprise shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their function promptly and efficiently (for example, the free time necessary to attend trade union meetings, training courses, seminars, conferences and congresses, access to the workplace when necessary, places to post trade union notices, etc., as indicated in Chapter IV of the Workers' Representatives Recommendation, 1971 (No. 143)).

The Committee once again requests the Government to indicate in its next report whether measures have been taken to afford such facilities to workers' representatives in enterprises, both in the private and public sectors.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. With reference to its previous comments concerning the insufficiency of the legislative provisions to ensure adequate protection against acts of anti-union discrimination against workers' representatives, the Committee notes the Government's statement in its last report that the formulation of the draft text of the Labour Code, of which section 158 provides protection for workers' representatives, has been completed.

The Committee trusts that the new Labour Code, including new section 158, will be adopted as soon as possible and it requests the Government to supply a copy of it as soon as it has been adopted.

2. Article 2. The Committee notes the information supplied by the Government to the effect that sections 134(b), 137(3), 241 and 242 of the regulations issued under Act No. 19 of 1991 respecting the public service apply this Article of the Convention. The Committee, however, notes that sections 241 and 242 do not provide for the protection of public servants against acts of anti-union discrimination and that sections 134(b) and 137(3) relate to the possibility of the secondment of a public servant to work in a trade union.

In these conditions, the Committee is once again bound to draw the Government's attention to the terms of Article 2 of the Convention, under which such facilities in the enterprise shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently (for example, the free time necessary to attend trade union meetings, training courses, seminars, conferences and congresses; access to the workplace when necessary; places to post trade union notices; etc., as indicated in Chapter IV of the Workers' Representatives Recommendation, 1971 (No. 143)).

The Committee once again requests the Government to indicate in its next report whether measures have been taken to afford such facilities to workers' representatives in enterprises, both in the private and public sectors.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. With reference to its previous comments concerning the insufficiency of the legislative provisions to ensure adequate protection against acts of anti-union discrimination against workers' representatives, the Committee notes the Government's statement in its last report that the formulation of the draft text of the Labour Code, of which section 158 provides protection for workers' representatives, has been completed.

The Committee trusts that the new Labour Code, including new section 158, will be adopted as soon as possible and it requests the Government to supply a copy of it as soon as it has been adopted.

2. Article 2. The Committee notes the information supplied by the Government to the effect that sections 134(b), 137(3), 241 and 242 of the regulations issued under Act No. 19 of 1991 respecting the public service apply this Article of the Convention. The Committee, however, notes that sections 241 and 242 do not provide for the protection of public servants against acts of anti-union discrimination and that sections 134(b) and 137(3) relate to the possibility of the secondment of a public servant to work in a trade union.

In these conditions, the Committee is once again bound to draw the Government's attention to the terms of Article 2 of the Convention, under which such facilities in the enterprise shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their function promptly and efficiently (for example, the free time necessary to attend trade union meetings, training courses, seminars, conferences and congresses, access to the workplace when necessary, places to post trade union notices, etc., as indicated in Chapter IV of the Workers' Representatives Recommendation, 1971 (No. 143)).

The Committee once again requests the Government to indicate in its next report whether measures have been taken to afford such facilities to workers' representatives in enterprises, both in the private and public sectors.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report.

1. Article 1 of the Convention. With reference to its previous comments concerning the insufficiency of the legislative provisions to ensure adequate protection against acts of anti-union discrimination against workers' representatives, the Committee notes the Government's statement in its report that the formulation of the draft text of the Labour Code, of which section 158 provides protection for workers' representatives, has been completed.

The Committee trusts that the new Labour Code, including new section 158, will be adopted as soon as possible and it requests the Government to supply a copy of it as soon as it has been adopted.

2. Article 2. The Committee notes the information supplied by the Government to the effect that sections 134(b), 137(3), 241 and 242 of the regulations issued under Act No. 19 of 1991 respecting the public service apply this Article of the Convention. The Committee, however, notes that sections 241 and 242 do not provide for the protection of public servants against acts of anti-union discrimination and that sections 134(b) and 137(3) relate to the possibility of the secondment of a public servant to work in a trade union.

In these conditions, the Committee is once again bound to draw the Government's attention to the terms of Article 2 of the Convention, under which such facilities in the enterprise shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently (for example, the free time necessary to attend trade union meetings, training courses, seminars, conferences and congresses; access to the workplace when necessary; places to post trade union notices; etc., as indicated in Chapter IV of Recommendation No. 143).

The Committee once again requests the Government to indicate in its next report whether measures have been taken to afford such facilities to workers' representatives in enterprises, both in the private and public sectors.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. With reference to its previous comments, the Committee regrets that no steps have yet been taken to remedy the insufficiency of the legislative provisions to ensure adequate protection from acts of anti-union discrimination against workers' representatives.

The Committee takes note of the Government's report which states that Article 1 of the Convention is applied by section 39 of the Constitution and sections 126, 127 and 128 of Act No. 19 of 1991 on the public service, and that the new Labour Code, in section 158, guarantees protection of workers' representatives.

The Committee observes, however, that section 39 of the Constitution is confined to guaranteeing citizens of the Republic of Yemen the right to join trade unions and exercise trade union rights, and that sections 126 and 128 of Act No. 19 of 1991 on the public service are confined to conferring on public servants the right to organize and the freedom to join or not to join a trade union. It notes that only section 127 of the above Act, under which public servants enjoy full protection from being penalized, dismissed or deprived of any rights connected to their duties for belonging to a trade union or participating in trade union activities, concerns the protection of workers' representatives.

The Committee takes due note of the provisions of section 158 of the draft new Labour Code which guarantees that there shall be no dismissal for disciplinary reasons and that workers' representatives in trade union committees shall not be penalized for carrying out their trade union activities. The Committee trusts that this amendment will be adopted in the very near future.

2. Article 2. The Committee requests the Government to indicate in its next report the measures taken or under consideration to afford facilities in enterprises to workers' representatives to enable them to carry out their functions promptly and efficiently (time off without loss of pay, access to all workplaces, access to the management of the undertaking, permission to collect trade union dues on the premises of the undertaking, to post trade union notices and distribute trade union documents, in light of the examples set out in Part IV of Recommendation No. 143).

The Committee trusts that the present review of the legislation, particularly section 158 of the draft new Labour Code, will take into account the points that it has been raising for several years. It asks the Government to take the necessary measures and to indicate in its next report the progress made with regard to the application of Articles 1 and 2 of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Article 1 of the Convention. With reference to its previous comments, the Committee regrets that no steps have yet been taken to remedy the insufficiency of the legislative provisions to ensure adequate protection from acts of anti-union discrimination against workers' representatives.

The Committee takes note of the Government's report which states that Article 1 of the Convention is applied by section 39 of the Constitution and sections 126, 127 and 128 of Act No. 19 of 1991 on the public service, and that the new Labour Code, in section 158, guarantees protection of workers' representatives.

The Committee observes, however, that section 39 of the Constitution is confined to guaranteeing citizens of the Republic of Yemen the right to join trade unions and exercise trade union rights, and that sections 126 and 128 of Act No. 19 of 1991 on the public service are confined to conferring on public servants the right to organise and the freedom to join or not to join a trade union. It notes that only section 127 of the above Act, under which public servants enjoy full protection from being penalised, dismissed or deprived of any rights connected to their duties for belonging to a trade union or participating in trade union activities, concerns the protection of workers' representatives.

The Committee takes due note of the provisions of section 158 of the draft new Labour Code which guarantees that there shall be no dismissal for disciplinary reasons and that workers' representatives in trade union committees shall not be penalised for carrying out their trade union activities. The Committee trusts that this amendment will be adopted in the very near future.

2. Article 2. The Committee requests the Government to indicate in its next report the measures taken or under consideration to afford facilities in enterprises to workers' representatives to enable them to carry out their functions promptly and efficiently (time off without loss of pay, access to all workplaces, access to the management of the undertaking, permission to collect trade union dues on the premises of the undertaking, to post trade union notices and distribute trade union documents, in light of the examples set out in Part IV of Recommendation No. 143).

The Committee trusts that the present review of the legislation, particularly section 158 of the draft new Labour Code, will take into account the points that it has been raising for several years. It asks the Government to take the necessary measures and to indicate in its next report the progress made with regard to the application of Articles 1 and 2 of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

North Yemen

Referring to its general observation, the Committee notes with regret that the Government's report has not been received and recalls that its previous direct requests read as follows:

Noting the insufficiency of the current legislative provisions ensuring protection against acts of anti-union discrimination for workers' representatives (Article 1 of the Convention), the Committee observes that since 1988 there has been no further reference to other ways of ensuring such protection or to the revision of the Labour Code which was undertaken with ILO assistance in 1987-89.

Although the Government maintained in the past that there is no difficulty in applying the Convention and that no step, such as dismissal or transfer, has ever been taken against workers' representatives by employers or others, the Committee would recall that Article 1 of the Convention requires that effective protection be provided to workers' representatives and that Article 6 permits a certain flexibility as regards the manner in which such protection may be assured by a ratifying State. In the Committee's opinion neither the legislation as it stands nor any other measure has been brought to its attention to show that the provisions of Article 1 are applied.

The Committee trusts that the legislative revision under way will take account of all the above points and it requests the Government to supply the relevant texts along with its report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct requests concerning the insufficiency of the current legislative provisions ensuring protection against acts of anti-union discrimination for workers' representatives (Article 1 of the Convention), the Committee notes that the Government's report makes no reference to other ways of ensuring such protection or to the revision of the Labour Code which was undertaken with ILO assistance in 1987-88.

Although the Government maintains that there is no difficulty in applying the Convention and that no step, such as dismissal or transfer, has ever been taken against workers' representatives by employers or others, the Committee would recall that Article 1 of the Convention requires that effective protection be provided to workers' representatives and that Article 6 permits a certain flexibility as regards the manner in which such protection may be assured by a ratifying State. In the Committee's opinion neither the legislation as it stands nor any other measure has been brought to its attention to show that the provisions of Article 1 are applied.

It consequently requests the Government to take steps to fulfil its obligations under this Convention and to indicate in its next report the measures it has taken in this direction.