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Repetition The Committee recalls that in its previous comments it had noted that sections 3, 5 and 10 of the Act on Collective Agreements provides that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. The Committee regrets that the Government provides no information on the measures taken to that end. The Committee therefore once again requests the Government to amend the relevant provisions of the Act on Collective Agreements and the Labour Code and to indicate the measures taken or envisaged in this regard.
Repetition The Committee noted that the Government’s has not provided precise observations on the comments submitted by the International Trade Union Confederation (ITUC) in the last years referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee requests the Government to provide detailed observations thereon in its next report.Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that it is only in the event where there is no trade union at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. The Committee regrets that no specific information has been provided by the Government in this respect. It recalls that when a representative trade union exists and functions at the enterprise level, allowing other workers’ representatives to bargain collectively could not only undermine the position of the trade union concerned, but also infringe upon its collective bargaining rights. The Committee therefore once again requests the Government to amend the relevant provisions of the Law on Collective Agreements and the Labour Code (2004) as well as to indicate the measures taken or envisaged in this regard.
The Committee notes the Government’s report and regrets that it has not provided precise observations on the comments submitted by the International Trade Union Confederation (ITUC) in the last years referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee requests the Government to provide detailed observations thereon in its next report.
Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that it is only in the event where there is no trade union at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. The Committee regrets that no specific information has been provided by the Government in this respect. It recalls that when a representative trade union exists and functions at the enterprise level, allowing other workers’ representatives to bargain collectively could not only undermine the position of the trade union concerned, but also infringe upon its collective bargaining rights. The Committee therefore once again requests the Government to amend the relevant provisions of the Law on Collective Agreements and the Labour Code (2004) as well as to indicate the measures taken or envisaged in this regard.
The Committee notes with regret that the Government provides no observations on the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee also notes that the comments of the ITUC in a communication dated 26 August 2009 refer to similar matters. The Committee requests the Government to provide its observations thereon.
Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that it is only in the event where there is no trade union at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. The Committee regrets that no information has been provided by the Government in this respect. It recalls that when a representative trade union exists and functions at the enterprise, allowing other workers’ representatives to bargain collectively could not only undermine the position of the trade union concerned, but also infringe upon its collective bargaining rights. The Committee therefore once again requests the Government to amend the relevant provisions of the Law on Collective Agreements and the Labour Code (2004) as well as to indicate the measures taken or envisaged in this regard.
The Committee notes with regret that the Government’s report has not been received. It further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee requests the Government to provide its observations thereon.
The Committee notes the Labour Code of 2004 and wishes to raise, in this respect, the following.
Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers were represented by trade unions and other workers’ representatives, including enterprise councils. The Committee notes that according to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, are represented by trade unions and other elected bodies. It appears from section 31 that other representatives can be elected where no trade union represents at least 50 per cent of the workforce, but according to the same section, such other representative bodies shall not obstruct trade union activities. The Committee requests the Government to amend the relevant provisions of the Law on Collective Agreements as well as those of the Labour Code (2004) so as to ensure clearly that it is only in the event where there is no trade union at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. It requests the Government to indicate the measures taken or envisaged in this respect.
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:
The Committee notes the following pieces of legislation:
– Labour Code of 4 October 1997, as amended on 19 February 2003;
– Law on Trade Unions of 16 October 1998, as amended on 4 August 2004;
– Law on Employers’ Organizations of 22 May 2004;
– Law on Collective Agreements of 21 August 2004;
– Code on Administrative Responsibility of 4 August 1998, as amended on 15 February 2004; and
– Criminal Code of 1 October 1997, as amended on 15 February 2004.
Article 4 of the Convention. The Committee notes that sections 14(10), 31, 44, 46 and 54 of the Labour Code and sections 3, 5 and 10 of the Law on Collective Agreements provide that, in collective bargaining, workers are represented by trade unions and others workers’ representatives, including enterprise councils. The Committee 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 requests the Government to amend its legislation so as to ensure clearly that it is only in the event where there is no trade unions at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. It requests the Government to keep it informed of the measures taken or envisaged in this respect.
The Committee further notes that according to section 77 of the Labour Code: (1) the parties to collective agreement may refer their dispute for arbitration; and (2) arbitration may be established by the disputing parties, by state, institution, by employers’ organizations, trade unions or other workers’ representative bodies. Considering that arbitration imposed by the authorities at their own initiative or at the request of one party is contrary to the principles of the voluntary negotiation of collective agreements established in Convention No. 98 and thus the autonomy of bargaining partners, the Committee requests the Government to take the necessary measures so as to amend section 77(2) so as to ensure that compulsory arbitration is possible only at the request of both parties to collective bargaining. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.
The Committee notes with regret that the Government’s report has not been received.
The Committee further notes the following pieces of legislation:
Article 1 of the Convention. The Committee had requested the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.
Article 2. The Committee had further requested the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers’ organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.
Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up.
The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.
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:
Article 1 of the Convention. The Committee had requested the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case. Article 2. The Committee had further requested the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers’ organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions. Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up. The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.
Article 1 of the Convention. The Committee requests the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.
Article 2. The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers’ organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:
Article 2. The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers' organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.
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:
The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future.
Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up and which it mentions in its report.
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 takes note of the information supplied by the Government in its first report.
[The Government is asked to report in detail in 1996.]