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- 12. The Committee last examined this case, in which the complainant denounced lack of effort to ensure the adoption of a new trade union law and the increase in the use of fixed-duration contracts in the garment industry undermining freedom of association and collective bargaining, at its March 2016 meeting [see 377th Report, paras 200–214, approved by the Governing Body at its 326th Session]. On that occasion, the Committee made the following recommendations [see 377th Report, para. 214]:
- (a) The Committee firmly expects that the Government will take all necessary steps to expedite the adoption of the draft Trade Union Law and requests the Government to provide a copy of the latest draft of the law to the CEACR for examination of its application of ratified Conventions Nos 87 and 98.
- (b) The Committee recalls that fixed-term contracts should not be used deliberately for anti-union purposes and that, in certain circumstances, the employment of workers through repeated renewals of fixed-term contracts for several years can be an obstacle to the exercise of trade union rights. Observing the complainants’ concerns that fixed-term contracts have had an important negative impact on trade union rights and that this issue was recognized by the GMAC and several trade unions which agreed to reach a separate agreement on the matter, the Committee encourages the Government to take all appropriate measures to promote these negotiations between the parties with a view to arriving at an agreement on the use of fixed-term contracts and to follow-up the situation so as to ensure that workers in the garment industry are able to exercise their trade union rights freely. The Committee requests the Government to keep it informed of any developments in this regard.
- 13. The Government provides its observations in communications dated 30 May and 25 October 2016. In particular, the Government indicates that the Law on Trade Unions (LTU) was promulgated on 17 May 2016, after a long drafting process which sought to ensure conformity with ratified ILO Conventions Nos 87 and 98 and included a series of bipartite, tripartite, multilateral and public consultations, having also benefited from technical advice from the ILO and with the aim of serving the common interests of employers and workers. The Government notes that, in accordance with the Committee’s recommendations, a copy of the LTU was submitted to the Committee of Experts on the Application of Conventions and Recommendations (CEACR). The Government further indicates that it is in the process of developing regulations to implement the LTU and believes that the social partners will actively participate in promoting the effective implementation of the LTU. As to the use of fixed-term contracts, the Government affirms that it stands ready to strengthen the implementation of the labour law to ensure that fixed-term contracts are not used for ill purpose.
- 14. The Committee notes the information provided by the Government on the adoption of the LTU. It further observes that the LTU: (i) has been examined twice by the CEACR, as to the application of Conventions Nos 87 (in 2016 and 2017) and 98 (in 2016); and (ii) was discussed in June 2017, concerning the application of Convention No. 87, by the Committee on the Application of Standards, which requested to keep it under review, closely consulting employers’ and workers’ organizations, with a view to finding solutions compatible with said Convention. Recalling the importance of ensuring that the LTU and its application are in full conformity with the principles of freedom of association and collective bargaining, the Committee firmly trusts that the Government will take all necessary action in this regard in close consultation with the social partners.
- 15. The Committee also observes that the Government affirms its commitment to strengthen the implementation of the Labour Law to ensure that fixed-term contracts are not used for ill purpose (the Committee recalls that the complainant had alleged that the provisions of the Labour Law seeking to protect against abusive use of fixed-duration contracts through repeated renewals were not applied in practice). The Committee encourages the Government once again to take all appropriate measures to promote negotiations between the social partners with a view to arriving at an agreement on the use of fixed-duration contracts and to follow up the situation so as to ensure that workers in the garment industry are able to exercise their trade union rights freely.
