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

The Committee takes note of the Government's report.

For many years, the Committee has been insisting on the need to adopt provisions setting out sanctions which are sufficiently efficacious and dissuasive to protect a number of categories of workers not covered by the Labour Code (public officials not engaged in the administration of the State, and public employees and workers in public enterprises) against acts of anti-union discrimination, and to protect the organisations of these categories of workers against acts of interference by employers or their organisations (Articles 1 and 2 of the Convention), and on the need to recognise the right to collective bargaining of the organisations of these categories of workers (Articles 4 and 6) (on the last point, see the observation on the application of Convention No. 87).

The Committee notes with concern that a number of complaints of acts of anti-union discrimination have been addressed to the Committee on Freedom of Association (Cases Nos. 1275, 1341, 1368 and 1446 (251st, 259th and 277th Reports of the Committee on Freedom of Association approved by the Governing Body at its meetings of May 1987, November 1988 and February 1991)). Furthermore, the Committee notes that the Committee on Freedom of Association, at its meeting of February 1991, asked the Government to take measures to ensure that the legislation guarantees the right to organise and to bargain collectively of workers in the (public) education sector (see 277th Report, paragraphs 148 and 150).

In its report, the Government states that the Drafting Committee of the preliminary draft of the Labour Code has taken account of the Committee's comments on the right to organise and bargain collectively of workers employed in public entities and on the right of association of public employees, with a view to promoting and protecting their economic and professional interests. According to the Government, as soon as the new Labour Code is adopted and the rights set out in the Convention are established for public officials not engaged in the administration of the State, public employees and workers in public enterprises, the corresponding sanctions will be laid down against the acts of interference and anti-union discrimination referred to in the Convention.

The Committee asks the Government to provide the text of the preliminary draft now being prepared and to indicate whether measures are being taken also to provide adequate protection for public officials engaged in the administration of the State against acts of anti-union discrimination and to protect the organisations of such officials against acts of interference by employers.

The Committee expresses the firm hope that legislation and practice will be amended in the near future so as to bring them into full conformity with the Convention. The Committee asks the Government in its next report to provide information on any measures adopted in this respect, and recalls that the Office is at the disposal of the Government for any technical assistance it may request.

[The Government is asked to report in detail for the period ending 30 June 1991. REPORT DATE:30:06:1991