Observación (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee notes that the Government's report has not been received and recalls that its previous comments concerned the following points:

The Committee had previously observed that, while public transport and communication do not constitute an essential service, they appear on the list contained in Order No. 5680/MTASE/DNTLS/95 of 24 October 1995 which defines and determines essential services in the context of the right to strike. The Committee again requests the Government to indicate, should the parties not manage to reach an agreement, the measures envisaged for a joint or independent body to examine rapidly and without formalities the difficulties raised by the definition of a minimum service (see General Survey on freedom of association and collective bargaining, 1994, paragraph 161).

In addition, the Committee recalls that arbitration at the request of one of the parties, in this case the employer (sections 342, 350 and 351 of the Labour Code), is likely to restrict the exercise of the right to strike, contrary to Article 3 of the Convention. The Committee requests the Government to take measures in order to ensure that arbitration cannot be imposed at the request of only one of the parties to a dispute.

The Committee also requests the Government to continue to provide, in its future reports, information on the application in practice of sections 342, 350 and 351 of the Labour Code on compulsory arbitration and Order No. 5680/MTASE/DNTLS/95 of 24 October 1995 which defines and determines essential services in the context of the right to strike.