Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes with regret that for the third year in succession, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised previously which concerned the following:

A. Employers' organizations

1. Right of employers to establish organizations of their own choosing without previous authorization (Article 2 of the Convention). The Committee notes that according to the Government's latest report, the right of employers to organize is laid down in the Law on Public Organizations and their Associations of 15 December 1992. Noting that according to section 1 of the Law on Public Organizations and their Associations a public organization can be founded by ten or more persons, the Committee considers that it is contrary to the Convention to require a minimum number of ten persons to set up an employers' organization and, in addition, to couple it with a provision giving the Ministry of Justice the power to cancel a registration if membership drops to less than ten members (section 33). The Committee considers that the requirement for establishing an employers' organization should be left to be determined by the statutes of the organization in question. The Government is therefore requested to indicate what measures it contemplates in order to lower the minimum number of persons to set up an employers' organization.

2. Right of employers' organizations to organize their administration and activities without interference by the public authorities (Article 3 of the Convention). The Committee also notes that according to section 24(1) state institutions shall monitor and control the activities of public organizations. Pursuant to section 24(2) officials "shall have the right to participate in the meetings of public organizations". The Committee considers that this provision might be incompatible with the right of employers' organizations to organize their activities and formulate their programmes in full freedom, as guaranteed in Article 3 of the Convention. The Committee requests the Government to repeal this provision which seems to authorize officials to participate in the meeting of employers' organizations.

3. Right of employers' organizations to affiliate with international organizations of employers (Article 5 of the Convention). The Committee notes that according to section 16(4) public organizations have, inter alia, the right to "maintain contacts with the public organizations of other countries". It requests the Government to spell out with greater precision the right of employers' organizations to affiliate with international organizations of employers, as enshrined in Article 5 of the Convention.

4. Separate law on employers' associations. As the Committee has noted from the Government's first report that a separate law on employers' associations was in the project phase, the Committee requests the Government to indicate what is the actual state of this draft law on employers' associations and to supply a copy of the draft law.

B. Workers' organizations

5. Right of workers to establish organizations of their own choosing (Article 2 of the Convention). The Law on Trade Unions of 13 December 1990. The Committee notes that the Law on Trade Unions provides for the registration of unions which confers legal personality. A major condition for registration is that applicant unions "unite not less than one-fourth of the workforce in an enterprise, institution, organization, profession or branch". The Committee recalls that stipulating a minimum membership requirement as a condition for registration is not in itself incompatible with Article 2 of the Convention. However, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered (General Survey on freedom of association and collective bargaining, 1994, paragraphs 81 and 83). The Committee is of the view that the requirement laid down in the law is too high. The Committee therefore requests the Government to indicate in its next report any measures envisaged in order to reduce the minimum number necessary for setting up a workers' organization.

6. Right of workers' organizations to formulate their programmes, to further and defend the interests of their workers without interference by the public authorities (Articles 3 and 10 of the Convention). In addition and with respect to the new Law on Strikes of April 1998, the Committee notes that article 11(1) of the Law provides that the trade union shall make the decision on declaration of a strike at the general meeting of its members where at least three-fourths of the employees of the trade union participate and that the decision shall be made if three-fourths of members of the respective trade union who are present have voted in favour of it. In this regard, the Committee recalls that while it may be deemed appropriate to establish in a legislation provisions which require a vote by workers before a strike can be held, it should be ensured that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey, op. cit., paragraph 170). The Committee requests the Government to inform it in its next report of any measures it could envisage or contemplate in order to reduce the required quorum for a strike ballot to a more reasonable level.

In addition, the Committee requests the Government to indicate whether the recourse to arbitration provided for in article 16 of the Law on Strikes can be initiated by only one party.

The Committee also notes that article 32(2) of the Law on Strikes provides for the right to organize meetings, processions and pickets during the strike according to the procedure provided by the Law on Meetings, Processions and Pickets. In this regard, the Committee requests the Government to clarify in its next report the meaning of this provision and to send it a copy of the said Law in order to ensure its conformity with the principles of freedom of association.