Effect given to the recommendations of the committee and the Governing Body - Report No 327, March 2002

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

1. 104. The Committee examined this case, which concerned amongst other things allegations regarding a legislation which would restrict the right to strike, at its November 2001 session [see 326th Report, paras. 478-493]. On that occasion, it requested the Government to take full account of the principles of freedom of association in the drafting of the amendments of Act No. 2/1991, Collection of Laws on Collective Bargaining, and in particular with regard to section 17 of the Act. It also trusted that all the relevant amendments to the said Act would be adopted in the near future.
2. 105. In a communication dated 11 February 2002, the Government indicates that it has taken full account of the principles of freedom of association in drafting the amendments to Act No. 2/1991, Collection of Laws on Collective Bargaining. In particular, the new section 17(8)(c) reads as follows: “The respective trade union shall notify the employer in writing at least three working days prior to the beginning of the strike with a list of the names of the representatives of the respective trade union authorized to represent the participants in the strike.” The Government explains that the purpose of this provision is to identify who will represent the participants in the strike and with whom the negotiations will take place concerning questions related to the strike such as a negotiated minimum service in essential services, etc. The Government insists that this provision does not constitute discrimination against trade union representatives and recalls that protection against all acts of anti-union discrimination against trade union officials is provided by sections 13, 39, 74, 229 and 235 of the Labour Code (copies are enclosed). Finally, the Government indicates that the amendments to Act No. 2/1991 are reflected in Act No. 209/2001, Collection of Laws, which came into force on 1 January 2002 (copy of the new Act is also attached).
3. 106. The Committee takes due note of this information.