Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

The right of workers, without distinction whatsoever, to establish organisations of their own choosing to further and defend their interests (Articles 2, 3 and 10 of the Convention). In its previous comments the Committee noted that under the terms of the Labour Code of 1967, as amended, and of Decree No. 34 of 1967, issued thereunder, the National Council of Trade Unions (SZOT), referred to by name in the legislation (sections 8, 12 and 17), exercised the exclusive function of trade union representation at the higher level (the expressing opinions and giving advice to the Council of Ministers concerning regulations respecting the living and working conditions of employees, supervising the protection of the safety and health of workers and operating the social insurance scheme, among other functions). It requested the Government to take steps to guarantee to workers who may wish to do so, the possibility of establishing trade unions outside the existing trade union structure.

The Committee notes with interest the Government's statements in its report to the effect that sections 8 and 12 of the Labour Code have been amended by Act No. XI of 1987, which came into force on 1 January 1988. These provisions no longer refer by name to the National Council of Trade Unions and make reference only to trade unions in general. Another provision refers to "trade union bodies at the workplace" and this expression, according to the Government, means "any trade union" and not "a certain trade union". Furthermore, the Government indicates that a Decree issued under the Labour Code of 1967 is no longer in force and that section 17 of the Labour Code has been amended by section 9(6) of Legislative Decree No. 5 of 1984 to transfer the operation of social insurance to the State.

Finally, the Government states that during the period covered by the report two independent trade unions were registered, namely the Democratic Trade Union of Scientific Workers and the Democratic Trade Union of the Cinema. The Committee welcomes this information.

In addition, the Committee has been informed that the Government envisages the adoption of legislative reforms, including the reform of the Constitution. In this regard:

(a) the Committee hopes that the new Constitution will guarantee workers and employers the right to establish free organisations, to organise their administration and to formulate their programmes in full freedom and without interference from the public authorities, in order to further and defend the interests of their members;

(b) the Committee also hopes that it will be possible to provide for the right of workers to call strikes as one of the means available to them to further and defend their economic, social and occupational interests.

It requests the Government to supply information in its next report on developments in the situation.