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

The Committee notes the Government's report.

1. Article 1 of the Convention. The Government states in its report that the draft text to revise the Labour Code provides for the inclusion in the Code of a new chapter entitled "Concerning the exercise of the right of association", which envisages the recognition in all enterprises of the free exercise of the right to organize and the protection of members of trade union committees.

While noting this information, the Committee reminds the Government that adequate protection against all acts of anti-union discrimination, both at the the time of taking up employment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions, has to be provided to all workers, including agricultural workers. It expresses the firm hope that, during the formulation of the draft text to amend the Labour Code, account will be taken of this principle in order to bring the national legislation into full conformity with the requirements of the Convention. It requests the Government to indicate in its next report any progress achieved in this respect.

2. Article 4. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that, within the framework of the reform of the labour legislation referred to above, it is the intention to strengthen the exercise of the right to organize, increase the flexibility of texts relating to conditions of work and reinforce the freedom to negotiate and conclude agreements with the employer. The Government reiterates that it is the responsibility of the organizations of employers and workers to work together to implement the many provisions of the Labour Code relating to collective bargaining. It adds that a draft collective agreement has been awaited since the adoption in February 1993 of the 40 hour week.

In these circumstances, the Committee once again requests the Government to continue to supply information on any measures which have been taken or are envisaged to further promote the development of the voluntary negotiation of collective agreements with a view to the regulation of terms and conditions of employment, and to supply a copy of any collective agreement which is concluded.