Observación (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Repetition

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee had requested the Government to review the provisions of Ministerial Order No. 11 referred to below to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention:

• – Judicial record. Under the terms of section 3(5) of Ministerial Order No. 11, of September 2010, an occupational organization of employers or workers, in order to be registered, has to be able to prove that its representatives have never been convicted of offences with sentences of imprisonment equal to or over six months. In the view of the Committee, conviction on account of offences 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 exercise of trade union functions should not constitute grounds for disqualification from holding trade union office.
• – Time limits for registration. Under the terms of section 5 of Ministerial Order No. 11, the authorities have a time limit of 90 days to process the application for the registration of a trade union. The Committee recalls that a long registration procedure is a serious obstacle to the establishment of organizations without previous authorization, in accordance with Article 2 of the Convention.

The Committee regrets that the Government provides no information on the measures taken or envisaged in this respect. The Committee once again requests the Government to take the necessary measures in consultation with the social partners to amend the abovementioned provisions, so as to ensure that the procedure for the registration of employers’ and workers’ organizations is fully in conformity with the Convention.

Right of public servants to join a union of their own choosing. In its previous comments, the Committee had noted Act No. 86/2013, of 19 September 2013, on the General Statute of Public Servants, section 51 of which recognizes the right of public servants to join a union of their own choosing. It had requested the Government to indicate whether public servants, in addition to the right to join a trade union, also enjoy the right to establish a union of their own choosing, and to indicate the relevant legislative provisions. The Committee regrets that the Government has not responded to this query. In the absence of a reply on this matter, the Committee reiterates its previous request.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that, under the terms of section 124 of the Labour Code, any organization requesting recognition as the most representative organization has to authorize the labour administration to check the register of its members and property. In this respect, the Government had previously indicated that the need to amend this provision was being reviewed in consultation with the social partners, and now indicates that a tripartite meeting agreed that the authorization requirement should remain. The Committee takes due note of this information.