Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010 concerning issues already raised by the Committee.

Article 2 of the Convention. Right of workers and employers to establish and join organizations of their own choosing. The Committee recalls that, for a number of years, it had been requesting the Government to lower the minimum membership requirement set by section 3 of the Act on Trade Unions of 13 December 1990 at 50 members or at least one quarter of the workforce in an enterprise. The Committee notes that the Government indicates in its report that: (i) taking into account that the freedom of association is traditionally associated with establishment of independent organization, the Government considers that the threshold required for the establishment of trade unions is therefore determined to provide that it is possible to ensure that trade unions can operate effectively; (ii) the threshold required for the establishment of trade unions is set higher in comparison to the other organizations, taking into account their wide powers to represent employees in their relations with employers; (iii) the registration terms do not have cumulative character, therefore the employees of companies that employ less than 50 persons have the right to establish a trade union provided that one quarter of employees join the trade union; (iv) the threshold set for the establishment of trade unions is reasonable, which serves for the protection of workers, trade unions representing their interests and renders the guarantees to ensure the effectiveness of trade union activities; and (v) it acknowledges a need for discussion on the reduction of threshold required for the establishment of trade unions, taking into account that both international organizations and legal literature assume that the requirement of ten or more members is already considered restrictive. The Committee once again recalls that, while the 50 persons requirement would be permissible for industrial trade unions, it is too high and likely to create an obstacle to the establishment of trade unions at the enterprise level. Likewise, the one quarter requirement may also hinder the establishment of enterprise and industrial organizations. In these circumstances, the Committee once again requests the Government to take necessary measures to amend section 3 of the Act on Trade Unions so as to lower the minimum membership requirement and provide information in its next report on the measures taken or envisaged in this respect.