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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Legislative developments. The Committee notes the Government’s indication that amendments to the labour legislation related to the implementation of the Convention entered into force in June 2022. The Committee notes that the Government highlights in particular that: (i) pursuant to the Employment Protection Act (1982:80) as amended, if a dispute arises as to the validity of a dismissal or redundancy, the employee shall not be able to obtain an interim order from the court that the employment shall continue until the dispute is finally settled; and (ii) there are exceptions to the amendment for certain trade union representatives, these exceptions being included in the Trade Union Representatives (Status at the Workplace) Act (1974:358).
In this respect, the Committee takes note of sections 8, 8a and 8b of the Trade Union Representatives Act as amended which allow, in the event of a dispute pertaining to the validity of a dismissal, for a trade union representative to remain employed if it is of particular importance for the trade union activities at the workplace that the representative’s employment continues. The Committee requests the Government to provide information on the application in practice of these provisions.

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

The Committee takes note of the information contained in the Government's report.

Further to its previous comments, the Committee notes with satisfaction that Act No. 1039 of 1990 (which came into force on 1 January 1991) to amend Act No. 358 of 1974 on the Position of the Trade Union Representative at the Workplace, grants regional trade union representatives, in certain circumstances, the right to gain admittance to workplaces where they themselves are not employed and to carry out trade union activities there.

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

The Committee notes with interest the Government's report which states that Act No. 1039 of 1990 (which came into force on 1 January 1991) to amend Act No. 358 of 1974 on the Position of the Trade Union Representative at the Workplace, grants regional trade union representatives, in certain circumstances, the right to gain admittance to workplaces where they themselves are not employed and to carry out trade union activities there.

It asks the Government to provide a copy of Act No. 1039 of 1990 together with an English version, if possible, in its next report.

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

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