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

The Committee takes note of the Government's report and of the information communicated during the direct contacts mission conducted from 10 to 19 May 1989.

The Committee notes with regret from the above information that no measures have been taken to eliminate the discrepancies between the national legislation and the Convention and, in particular, that the revised draft of the Labour Code whose provisions were to ensure the application of the Convention has still not been adopted, despite the Government's assurances to the Conference Committee in 1987 that it was on the point of enactment.

In the circumstances, the Committee can only recall its comments of the last few years which concern the following points:

1. Article 1 of the Convention. The provisionsof the national legislation are insufficient to guarantee workers adequate protection, accompanied by civil remedies and penal sanctions, at the time of recruitment and during the employment relationship. 2. Article 2. The present provisions are not sufficient to ensure adequate protection of workers' organisations, accompanied by civil remedies and penal sactions, against acts of interference by employers and their organisations. 3. Articles 4 and 6. The possibility of collective bargaining is not offered to employees of state enterprises and other authorities, since these categories are excluded from the scope of the Labour Code, whereas under Article 6 of the Convention, only public servants engaged in the administration of the State are not covered by the Convention. As the Committee has been repeating these comments for years, it again asks the Government to do everything in its power to take the necessary measures to ensure that full effect is given to the Convention in the very near future. $ [The Government is asked to supply full particulars to the Conference at its 77th Session.