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

The Committee notes the Government's report and recalls that its comments dealt with the following points:

- the powers of the administration to intervene in the collective bargaining process (section 119 of the Labour Code);

- prior authorisation for the coming into force of collective agreements (sections 121 and 122 of the Labour Code), contrary to Article 4 of the Convention.

In its previous observation, the Committee noted with interest that the draft Labour Code, the adoption of which would repeal the provisions noted above, constituted progress in the implementation of Article 4 of the Convention by conferring upon the Minister of Labour the role of describing the major government policies with the purpose of encouraging the parties concerned to take into account voluntarily factors of national interest (section 341(1) of the draft Labour Code).

The Committee notes that, according to the Government, the above draft has not yet been adopted. It hopes that a provision that is in conformity with the Convention will be adopted in the near future.

The Committee also drew the Government's attention to the need to maintain in the draft Code a provision comparable to section 37 of the current Labour Code, protecting workers against any act of anti-union discrimination and workers' organisations against any interference by an employer or organisations of employers, accompanied by civil remedies and penal sanctions.

The Committee welcomes the fact that the Government has noted its comment in this connection. It requests the Government to indicate in its next report the measures that have been taken to ensure that full effect is given to the Convention.