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

The Committee notes the information provided in the Government's latest report.

Article 2 of the Convention. In its previous comments, the Committee recalled the importance it attaches to the observance of this Article which provides that workers without distinction whatsoever (whether national or foreigners residing legally in the country) have the right to establish and join workers' organizations and requested the Government to indicate the measures taken or envisaged to ensure that this right is guaranteed by law.

The Committee notes with interest the indication in the Government's report that, the Constitutional Charter of basic rights and freedoms which ensures this right to all persons and has supremacy over the Association of Citizens Act (83/1990) which refers only to citizens. The Ministry of the Interior has nevertheless prepared a new draft Act on Associations on May 1998 which would expressly cover all persons. It further notes the Government's statement that this Act should come into force in 1999 and that it will be communicated to the Office as soon as it is approved. It requests the Government to indicate the progress made in this regard in its next report.

Article 3. In its previous comments, the Committee had noted that section 17 of the 1990 Act on collective bargaining required the vote of half the workers in the enterprise to whom the agreement at the enterprise level applies or the vote of half the workers to whom the higher level collective agreement applies in order to call a strike. It recalled the principle according to which account should be taken only of the votes cast and that the required quorum and majority should be fixed at a reasonable level.

The Committee notes with interest from the Government's report that it is ready to transpose this view into national legislation when new legislation concerning the right to strike will be under discussion. It further notes the Government's indication that it has decided to fill the legislative gap in respect of strikes outside the collective bargaining process by preparing a draft law generally regulating strikes and that this draft contains regulations concerning strike ballots in full conformity with the views of the Committee of Experts. At present, however, this work has been suspended as the social partners generally refused the intention to regulate the right to strike.

The Committee requests the Government to indicate in its next report the progress made in limiting the quorum and majority required for a strike ballot to a reasonable level. The Government is further requested to keep the Committee informed of the progress made in respect of the new proposed strike legislation and to provide the Office with a copy of the most recent draft with its next report.