Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes the information supplied by the Government in its report. In its previous direct request it referred to the situation in law as regards the right to strike in banking institutions and also to section 372, point II, of the Federal Labour Act, under which foreigners cannot form a part of the executive body of trade unions.

With regard to the situation in law as regards the right to strike in banking institutions, the Committee notes that by virtue of the Decree of 27 June 1990, the section of the Constitution which established that public banking and credit services were provided exclusively by the State is repealed.

According to the Government, workers in banking and credit institutions which are bodies of the Federal Public Administration will remain subject to section 123, subsection B, of the Constitution. Point XIII bis, as amended, of subsection B reads as follows: "The bodies of the Federal Public Administration which constitute a part of the national banking system shall rule their labour relations with their workers by that laid out in the present section." This does not clearly lay down whether these workers will remain subject to the Federal Act respecting employees in the public service, which governs first-level public servants in general, or whether they will continue to be governed by the Act issuing regulations under section 123, subsection B, point XIII of the Constitution. Titles three, four, seven, eight and ten of this Act supplement the Federal Act respecting employees in the public service, which issues regulations under section 123, subsection B, of the Constitution; as a consequence, in order to exercise the right to strike, these employees are subject to the provisions contained in Chapters II and IV, Title three of the Act.

Employees in banking and credit services that are not bodies of the Federal Public Administration (once the national credit services are transformed into limited companies) they will then be governed by section 123, subsection A, of the Constitution and by the Act issuing regulations thereunder, namely the Federal Labour Act. As a consequence, the right to strike of bank employees should be governed by the same provisions as any other employee, as set out in section 121 of the new Act respecting credit institutions.

The Committee notes with interest the positive development regarding the right to strike of bank employees resulting from the above constitutional reforms and requests the Government to supply information on developments in the situation, particularly in banking and credit institutions that are bodies of the Federal Public Administration.

As regards the second matter raised in the previous direct request concerning the possibility for the legislation to permit foreigners to hold trade union office, the Government states in its report that this prohibition, which is set down in section 372, point II, of the Federal Labour Act, is based on the spirit of section 33 of the Constitution, which provides that foreigners may not in any way participate in the politicial affairs of the country, since, although it is clear that trade unions are established to defend the common interests of the workers, it is natural that their activities do not exclude acts of a political nature. The Committee notes these statements by the Government. Nevertheless, it considers that greater flexibility should be given to the legislation in order to permit organisations to elect their officers in full freedom and to permit foreign workers to have access to trade union office after a certain period of residence in the country, at least in a reasonable proportion.

The Committee requests once again the Government to indicate the positive measures that have been adopted in its next report to ensure that effect is given to the Convention in this respect.