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Repetition The Committee notes the Government’s indication that particular procedures have been adopted for the promotion of collective bargaining for public servants. The designated representatives of trade union federations sit on consultative bodies at all levels, including the Public Service Advisory Council, which examines all issues of a general nature concerning the public service, the Joint Technical Committee within each ministerial department comprising representatives of the administration and staff representatives, and the Promotions and Disciplinary Board within the Ministry of Labour and the Public Service. The Committee reminds the Government that the Convention, and in particular the right to collective bargaining, is not applied simply by giving trade unions the right to sit on consultative bodies. The Committee therefore requests the Government to supply copies of collective agreements signed in the public sector.
The Committee notes the Government’s indication that particular procedures have been adopted for the promotion of collective bargaining for public servants. The designated representatives of trade union federations sit on consultative bodies at all levels, including the Public Service Advisory Council, which examines all issues of a general nature concerning the public service, the Joint Technical Committee within each ministerial department comprising representatives of the administration and staff representatives, and the Promotions and Disciplinary Board within the Ministry of Labour and the Public Service. The Committee reminds the Government that the Convention is not applied simply by giving trade unions the right to sit on consultative bodies. The Committee therefore requests the Government to supply copies of collective agreements signed in the public sector.
With reference to its previous direct request concerning the scope of sections 208 and 209 of the Labour Code, which provide that, unless it is opposed within the two days following its notification, an arbitration award given by an arbitration council becomes enforceable, the Committee takes note of the Government's statement that if an opposition is filed within the prescribed time limit, the case is referred by the minister responsible for labour to another arbitrator or arbitration council after verification of the merits of the opposition. According to the Government, in any event, no decision becomes enforceable at the request of one of the parties.
The Committee asks the Government to indicate in its next report the number and nature of collective labour disputes that have been solved by enforceable arbitration award, and the cases where the minister responsible for labour has considered that the opposition to an arbitration award was not justified and to indicate the practical consequences of such a decision for the parties to the dispute.
The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes that the Government states in its report, with regard to the application of Article 3, paragraph 2, of the Convention, that the workers' representatives (staff delegates) take precedence over the trade unions in intervening in a dispute in any enterprise.
The Committee asks the Government to indicate whether this does not result in the trade unions being relegated to a secondary role, thereby weakening their position.
2. The Committee also notes from the Government's report that the Labour Advisory Committee (LAC) (section 158 of the Labour Code and sections 22 to 36 of Decree No. 67-126) seems to have attributions coming within the framework of Article 5(e) of the Convention.
The Committee asks the Government to provide particulars of the exact mandate of the LAC and particularly of the role it plays in practice, together with examples of cases in which it has intervened.
3. Lastly, the Committee notes that sections 208 and 209 of the Code provide that, in the event of a collective dispute, an arbitration award shall be given by an arbitration council, and that the award becomes enforceable unless it is opposed within the two days following its notification. However, the Code makes no provision for what occurs if a party opposes the award.
The Committee asks the Government whether, in this case, there is further, independent and binding arbitration, with the participation of the parties involved.
The Committee takes note of the Government's first report on this Convention and requests the following information.