Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee recalls that its previous comments referred to the need to adopt provisions to protect certain categories of workers excluded from the Labour Code (public officials not engaged in the administration of the State, 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 on the part of employers or their organisations (Articles 1 and 2 of the Convention), and to recognise the right of the organisations of these categories of workers to bargain collectively (Articles 4 and 6 of the Convention).

The Committee observes 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, 1446 and 1546 (251st, 259th, 277th and 278th Reports of the Committee approved by the Governing Body at its meetings of May 1987, November 1988, February and May 1991)).

The Committee notes the Government's statement in its report that the new Labour Code will provide for national legislation to be brought into line with international conventions and repeal all laws that restrict or suppress rights recognised at the international level in the labour, political and social fields.

The Committee notes the "Memoranda of agreement on labour relations and social security in the hydro power plant Yacyreta binational entity". It observes that according to sections 10 and 12 of these memoranda "the Itaipú, hydro power plant in view of its binational nature, will not include any employers' group which could be unionised" and that the "Yacyreta will not include any employers' union". In these circumstances, the Committee requests the Government to give details on the extent of these provisions; as regards the right of collective bargaining, it recalls that according to Article 4 of the Convention, measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.

The Committee has been informed that the authorities have requested technical assistance from the International Labour Office in preparing a Bill on trade unions, with a view to aligning the legislation with the Convention.

In view of the great importance of the questions raised and the fact that the Committee has been emphasising them for many years, the Committee expresses the firm hope that at its next meeting it will be able to ascertain that there have been concrete results in bringing the legislation into line with the Convention, particularly as regards the right to organise of public officials and employees.

[The Government is asked to supply full particulars at the 79th Session of the Conference.]