Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes the Government’s report.

Article 2 of the Convention. Freedom to establish workers’ organizations. In its previous direct request, the Committee observed that section 5 of Act No. 12/1992 provides that sectoral employees’ organizations shall bring together employees of two or more enterprises engaged in similar activities. The Committee takes note of the Government’s statement that, in addition to shared interests, workers in the same enterprise or sector of activity have greater affinity and that there is no intent to restrict workers’ right to organize. The Committee is of the view that workers who so wish should be able to form unions in the enterprise or at the level they deem fit. The Committee requests the Government to take steps to amend the legislative provision in question, so as to allow the establishment of enterprise trade unions, and to provide information on this matter in its next report.

The Committee referred previously to section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have 50 employees as a minimum. The Committee notes the Government’s statement that given the size of enterprises and the realities of the labour market, the weight of a trade union will depend on the size of its membership, but that if it proves unavoidable, the amendment of this provision will be put to Parliament. In the Committee’s view, the minimum number required is too high and so may place too close a restriction on the right of workers to establish organizations of their choosing. The Committee therefore requests the Government to take the necessary steps to amend the abovementioned provision and reduce the number of workers required for an occupational association to obtain legal personality. It requests the Government to inform it of any measures adopted in this respect in its next report.

Articles 3 and 7. Right to strike. The Committee commented previously on section 58 of the Fundamental Act which prohibits strikes in public utilities. The Committee notes the Government’s statement that, thanks to the revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized and is exercised in the conditions laid down by law. The Committee requests the Government expressly to confirm that as a result of the above revision, the right to strike is ensured in public utilities.

In its previous direct request, the Committee also asks the Government to provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined. The Committee observes that the Government has not replied to these comments, and asks it to send the information requested in its next report.

Lastly, the Committee asked the Government for information on the exercise of the right to strike in a public service. It observes that the Government has sent no information on this matter. It accordingly requests the Government to state whether public servants who do not exercise authority in the name of the State enjoy the right to strike.

Article 4. Dissolution of workers’ organizations. In its previous direct request, the Committee noted that under section 22 of Act No. 12/1992, an association of workers may be dissolved by a decision of the Council of Ministers based on a proposal initiated by the Ministry of Labour and Social Promotion, and that such a decision means that the administrative procedures have been exhausted. It requested the Government to state whether such decisions may be appealed in the courts of law and whether the lodging of such appeals suspends execution of the decision until the judicial authority has ruled. The Committee notes the information that appeal lies to the judicial authority against administrative decisions pursuant to the Act governing the judicial system of the state central administration and the Legislative Decree regulating administrative procedure, and that execution of such decisions may be stayed.