Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the Government's report and the provisional conclusions of the Committee on Freedom of Association concerning Case No. 1612 (290th Report, paras. 14 to 34, approved by the Governing Body at its 256th Session, May 1993).

The Committee points out that the following provisions of the Labour Act of 1 May 1990 may still give rise to difficulties in applying the Convention:

- the requirement of too long a period of residence (over ten years) for foreign workers to be eligible for trade union office (section 404);

- too extensive and too detailed a list of attributions and purposes of workers' and employers' organizations (sections 408 and 409);

- the requirement of a minimum of 100 self-employed workers for the establishment of a union (section 418);

- the requirement of a minimum of ten employers to form an employers' association (section 419).

The Committee asks the Government to take the necessary steps, in consultation with workers and employers, to amend the legislation so that organizations may choose their leaders without hindrance and foreign workers may hold trade union office, at least after a reasonable period of residence in the country; to allow workers' and employers' organizations to specify in their statutes the attributions and purposes they wish to pursue and reduce the minimum number of self-employed workers and employers for the formation of an organization.

The Committee asks the Government to provide information in its next report on the steps taken to make the above amendments.