Solicitud directa (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

The Committee notes the information supplied by the Government in its report and recalls that its previous comments referred to the following provisions which contravened Article 3 of the Convention:

(a) the prohibition on establishing more than one trade union, whatever its level, to represent the same occupational or economic category at the same territorial location (article 8(II) of the Constitution and section 516 of the Consolidated Labour Code (CTL));

(b) the requirement regarding the necessary number of organizations at a lower level, which restricts the free establishment of federations and confederations (section 534 of the CTL); and

(c) the payment of a union contribution from the wages of workers in the various occupational categories to finance the maintenance of the confederal system of the relevant union representation (article 8(IV) of the Constitution), and the levying of a compulsory union contribution for all workers in a particular economic category (sections 578, 579 and 580 of the CTL).

As regards the compulsory union contribution, the Committee notes with interest the statement made by the Government that it recently submitted to the Legislative Authority a draft law, negotiated with the social partners, which eliminates the union contribution for all workers in a particular economic category imposed by section 578 of the CTL. The Committee requests the Government to keep it informed of all developments in this respect and to send it a copy of the text of the law once it has been approved.

As regards the compulsory financing of the confederal system, provided for in article 8(IV) of the Constitution, the Committee once again reminds the Government that in general questions relating to the financing of union organizations should be governed by the rules of the respective organizations or be the result of standards agreed by means of collective agreements.

With reference to the prohibition on establishing more than one union organization, provided for in article 8(II) of the Constitution and section 516 of the CTL, the Committee wishes to emphasize that any single trade union or monopoly system imposed by law directly or indirectly and at any level departs from the principle of the free establishment of rural workers' organizations laid down in Article 3 of the Convention.

As regards the requirement for a minimum number of five trade unions to establish a federation, provided for in section 534 of the CTL, the Committee emphasizes that such a requirement is too high and makes it difficult for trade unions to freely establish organizations at a higher level.

The Committee again hopes that the Government will adopt the necessary measures to bring the legislation into conformity with the principles of freedom of association and the provisions of the Convention, and once again asks that it be kept informed of any progress made in this respect.

As regards the information requested on the specific measures adopted to promote the development of strong and independent rural workers' organizations (Articles 5 and 6 of the Convention), the Committee notes the information supplied by the Government together with the number of rural workers' organizations in existence in the country. The Committee duly notes in particular the Government's interest in improving the legislative definition of a rural worker so that it includes the different categories in existence in the country, and therefore accelerates and reinforces the establishment of rural workers' organizations. In this respect, the Committee requests the Government to keep it informed of any progress made.

The Committee observes that in the past the Committee on Freedom of Association has examined a number of cases concerning the difficulties experienced by rural workers' organizations (sugar cane plantations) in carrying out their activities and declaring strikes (see Cases Nos. 1294, 1313, 1331, 1377). In this respect, the Committee recalls that governments should adopt a policy with a view to eliminating obstacles to the pursuit of their lawful activities, and that rural workers, like all other workers, should enjoy the right to strike (see General Survey on freedom of association and collective bargaining, 1983, paragraph 351). The Committee requests the Government to inform it of any measures it has adopted in relation to the question raised.

REQUESTS The Government is asked to report in detail in 1998. #REPORT_DATE:00:00:1998