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

The Committee notes the provisions of the new Industrial Regulations (Freedom of Association) Act of 26 June 1992 and its Regulations, and of the provisional conclusions of the Committee on Freedom of Association concerning Cases Nos. 1648 and 1650, and 1706 (291st Report, paragraphs 435-474 and 475-488 respectively, approved by the Governing Body at its 258th Session, November 1993).

1. With regard to the requirement that trade unions must issue any reports that may be requested by the labour authority (section 10(f) of the 1992 Act), the Committee considers that this requirement should be restricted to reports on members accused of the breaking the law or internal rules. (See 1994 General Survey on Freedom of Association and Collective Bargaining, paragraphs 125, 126 and 135.)

2. With regard to section 82 under which, in the event of a strike in essential public services, the employer shall decide on the minimum service to be maintained, and any disagreement as to the composition of essential staff shall be resolved by the labour authority, the Committee is of the opinion that it would be preferable that the legislation provides, in the event of disagreement between the parties, for an independent body to determine the minimum services to be maintained in public services which are not considered to be essential in the "strict sense" of the term.

3. With regard to Legislative Decree No. 768, Eleventh Part, which prohibits "jurisdictional auxiliaries" of the Judiciary from forming organizations, the Committee wishes to remind the Government that, under Article 2 of the Convention, all public employees (with the possible exception of members of the armed forces and the police, Article 9 of the Convention), and workers in the private sector should be able to form organizations of their own choosing.

The Committee asks the Government to take measures to ensure that such employees may join organizations so as to defend their occupational interests.