Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information supplied by the Government to the Conference Committee on the Application of Standards in 1989 contained in its last reports.

1. In its previous observation, the Committee expressed the hope that, within the framework of the discussions taking place in the Round Table committee responsible for matters relating to freedom of association, solutions could be found regarding the persons who had been prejudiced due to trade union activities.

The Committee therefore notes with satisfaction the adoption of the Amnesty Act No. 179 of 29 May 1989, which completely annuls convictions on grounds of strikes or other protest actions which occurred after 31 August 1980.

It also notes with satisfaction that, under the terms of Act No. 172 of 24 May 1989, as amended on 7 December 1989, all persons, including secondary school teachers and university professors who were dismissed for trade union activities, will be able to apply for reinstatement to their former workplace until 30 June 1990, and that in the event of the refusal of their application by their employer, they could apply to the Conciliatory Commission, which is empowered to order their reinstatement in the event of dismissal for trade union activities. In addition, they may regain the rights which attach to their status as wage earners.

The Committee notes the Government's statement to the effect that any person dismissed for trade union activities should find a job, either in their former workplace or elsewhere, and that this matter is directly related to the need to provide adequate protection against acts of anti-union discrimination, as set out in the Convention.

In this respect, the Committee notes that, according to the Government's most recent report, the Act of 29 December 1989 on employment assures equality of treatment between all jobseekers whatever the political or social organisations they belong to.

The Committee requests the Government to continue supplying information on the situation of persons who were dismissed for trade union activities and on the measures that it intends to take to strengthen the legislation and protective procedures for workers against acts of anti-union discrimination, including the adoption of sufficiently dissuasive civil and penal sanctions.

2. In its previous observation, the Committee noted the adoption of Act No. 134 of 17 June 1988, under which the registration of agreements concerning wage rates concluded at the enterprise level and of enterprise agreements negotiated on the basis of a national or branch agreement is no longer obligatory. It requested information on the effect of this Act on the restrictive provisions respecting the registration of collective agreements contained in the Labour Code (section 2417).

In its report, the Government states that by virtue of Act No. 134 of 17 June 1988, the registration of agreements concluded at the enterprise level is no longer compulsory and that the agreements come into force on the date set out in the agreement. It also indicates that collective agreements are registered by the Ministry of Labour and Social Policy, which confines itself to examining whether they are in conformity with the law and the social and economic policy of the State, but that it is no longer compulsory to examine the content of the agreement with the Minister of Labour as used to be the case. Finally, it states that the Labour Code establishes machinery for the settlement of disputes when the Minister considers that the agreement prejudices the law and the social and economic policy of the State.

It appears from this information that, although agreements concluded at the enterprise level are not subject to the registration procedure, collective agreements negotiated at the national or branch levels must be registered in accordance with section 2417 of the Code, and that registration may be refused in the event of divergencies with the social and economic policy of the State.

The Committee draws the Government's attention to the fact that a system of official approval is acceptable only in so far as the approval can be refused on grounds of form and where the clauses of a collective agreement do not conform to the minimum standards set out in the labour law.

It would not therefore be compatible with the Convention for the public authorities to be able, through this machinery, to modify the content of freely concluded collective agreements. However, if, for social and economic reasons, it is found necessary for conditions of employment and wages to be adapted to the Government's economic policy, it would be desirable, through tripartite consultation machinery, to associate the social partners with this policy so that they could have regard to it voluntarily in their negotiations.

The Committee therefore requests the Government to supply information on the effect given in practice to section 2417 of the Code and to indicate the circumstances in which the public authorities may have refused to register collective agreements.

The Committee is addressing a request directly to the Government on another point.