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

The Committee notes the Government's report.

The Committee recalls that, for a number of years, it has been drawing the Government's attention to the need to amend section 87 of the Labour Code, as amended by Act No. 137 of 1981, which provides that any clause of a collective agreement which is liable to impair the economic interests of the country shall be null and void. The Committee had observed that such a requirement restricts the scope of collective bargaining and is liable to undermine the principle of voluntary negotiation contained in Article 4 of the Convention. It indicated that in the event of economic difficulties the Government should resort to persuasion rather than constraint and that in any event the parties must remain free as to their final decisions.

The Government states that these points have been taken into consideration in the formulation of the draft consolidated Labour Code, Book IV, Chapter III, which is devoted to collective labour agreements, and does not contain any provision corresponding to section 87 of the existing Labour Code, Act No. 137, 1981.

The Committee notes the Government's statement that it will provide a copy of the new Act as soon as it is adopted and published.