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

The Committee notes with interest the contents of the Constitution of 13 March 1992 and of the Labour Code of July 1993. The Committee, nevertheless, notes that certain provisions of the Labour Code should be amended to bring it into greater conformity with the Convention.

1. Trade union rights for public servants

The Committee notes that section 14 of the Labour Code excludes public servants and magistrates from its scope. The Committee requests the Government to inform it whether legislation exists which grants these categories of workers the right to organize to defend their occupational interests and, if so, to transmit a copy of the texts.

2. Trade union rights for minors

The Committee notes that section 271 of the Labour Code provides that minors under the age of 18 years must obtain explicit authorization from the parent or guardian to join a trade union. In this respect, the Committee has noted that some countries have legislative provisions concerning trade union membership of minors and considered that no distinction based on these grounds is authorized by the Convention (the General Survey of the Committee of Experts on freedom of association and collective bargaining, 1994, paragraph 64). The Committee therefore requests the Government to repeal the provision which lays down the obligation for authorization from the parent or guardian to enable minors to join trade unions of their own choosing without prior authorization.

3. Election of trade union leaders

The Committee notes that the Labour Code lays down certain conditions for holding the position of trade union leader or administrator (section 275).

This section provides that trade union leaders or administrators must not have served a definitive term of imprisonment, of more than six months. The Committee is of the opinion that conviction for an act the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties should not constitute grounds for disqualification from trade union office (see General Survey, op. cit., paragraph 120). The Committee requests the Government to indicate whether decisions have been handed down by the courts in this respect and, if so, to provide copies of these decisions.

Section 275 also provides that the administrator or trade union leader should belong to the occupation or trade for at least one year. In this respect, the Committee recalls that it considers the provisions which require all candidates for trade union office to belong to the respective occupation or enterprise are contrary to the guarantees set forth in the Convention. Provisions of this type infringe the organization's right to elect representatives in full freedom by preventing qualified persons, such as full-time union officers or pensioners, from carrying out trade union duties or by depriving unions from the benefits of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks. Moreover, there is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see General Survey, op. cit., paragraph 117). The Committee requests the Government to amend its legislation accordingly.

4. The right of workers' organizations to organize their administration and their programme of action to further and defend the interests of their members (Articles 3 and 10 of the Convention)

The Committee notes that it has always held the opinion that strike action is an intrinsic corollary of the right to organize. In light of the fact that the series of compulsory procedures prior to taking strike action laid down in the Labour Code would suggest that the Minister is empowered to prohibit any strike, the Committee has difficulty in understanding how the provisions respecting the right to organize may be applied and would be grateful if the Government would clarify this point.

Furthermore, the Committee notes that pursuant to section 213 of the Labour Code, a strike is legal after a vote approved by a simple majority of the employees of the workplace or the enterprise.

In this regard, the Committee considers that if a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast.

The Committee requests the Government to include in its next report information on the practical application of the provisions laid down under the sections respecting the right to strike and the settlement of collective disputes and to provide information in respect of the number of strikes and the sectors in which strikes were called for the period covered by the report. It also requests the Government to indicate any measures taken or envisaged to ensure that the requirements for a vote before a strike can be held are reasonable.

5. Request for texts

The Committee notes that section 265 of the Labour Code provides that, in order to establish a trade union, certain formalities laid down in the Labour Code and its Regulations must be respected. The Committee requests the Government to provide a copy of the regulatory texts which apply to the establishment of a trade union where such texts have been adopted.

The Committee notes that it is incumbent on the Minister for Labour to define the methods of application of section 223 of the Labour Code respecting the right to strike. The Committee requests the Government to provide a copy of the methods of application in the event that they have been defined.

The Committee also notes that a Ministerial Ordinance lays down, where necessary, the methods of application of the section respecting collective disputes. The Committee requests the Government to provide a copy of this Ordinance in the event that it has been adopted.

The Committee hopes that the Government will adopt the necessary measures in light of the above comments to bring its national legislation into greater conformity with the Convention. The Committee requests the Government to inform it in its next report of any progress made in respect of the above matters, to provide a copy of any texts which amend the national legislation and any information respecting the practical application of these texts.