Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Effect given to the recommendations of the Committee and the Governing Body

1. 101. The Committee last examined this case, concerning the hindrance to trade union activities and the violation of the right to bargain collectively, at its June 2005 meeting. It had then concluded that section 33 of the Labour Code was in conflict with Convention No. 87 in that, in the absence of direct or indirect support of 50 per cent of the workers of an employer, no collective agreement could be reached by a trade union, even on behalf of its own members. It requested once again the Government to lower the minimum threshold requirements for recognition as a bargaining agent, by amending section 33 of the Labour Code, and to ensure that if no trade union could reach this threshold, collective bargaining rights would be granted to all trade unions, at least on behalf of their own members. It requested to be kept informed of all new developments in this respect.
2. 102. In a communication dated 2 November 2005, the Government explained, among other things, that section 33 of its Labour Code does not restrict collective bargaining rights because it provides the opportunity of individual or joint collective bargaining for trade unions or representative trade unions. Paragraphs 2 to 4 of section 33 require that candidates should have the majority support of the unit’s employees, due to the fact that only one collective agreement can be concluded by the employer (paragraph 1 of section 33). The Government explains that, if no trade union or joint trade unions can reach 50 per cent of the votes, the negotiations may be held for the conclusion of the collective agreement, however, it may be concluded only upon the consent of the employees affected (paragraph 6 of section 33).
3. 103. The Committee takes due note of the comments made by the Government and refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.