Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

With reference to its previous direct request concerning the effect given in practice to section 3(3) of Act No. VII of 1989 on the right to strike, which provides that a strike may be prohibited on the grounds that it constitutes a threat to the environment, the Committee notes the information supplied by the Government in its report to the effect that this section applies in cases in which: (i) a strike directly and seriously endangers life, personal health and physical integrity in certain sections of health care institutions (such as surgical wards in hospitals); (ii) a strike directly and seriously endangers the environment in places where hazardous materials or energy are used (such as nuclear power stations); and (iii) a strike takes place in services of which the principal function (such as fire services) or the secondary function (such as transport services) is to participate in the prevention of natural disasters. The Government adds that the courts have not yet ruled that a strike is illegal on the grounds that it constitutes a serious threat to the environment.

The Committee recalls that restrictions on the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population. In the Committee's opinion, transport services do not constitute essential services in the strict sense of the term.

It therefore requests the Government to ensure that section 3(3) of Act No. VII of 1989 is not applied in practice to prevent workers in transport services and their organizations from going on strike as a means of defending their economic and social interests. The Committee also requests the Government to state in its next report whether, during the period covered by the report, the courts have forbidden strikes under this section and, if so, to supply the text of any ruling made in this respect.

The Committee once again requests the Government to supply a copy of Act No. 33 of 1992 establishing the conditions of employment of public employees.