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

Further to its previous requests, the Committee notes that the Labour Proclamation does not seem to contain any specific provision to protect workers against acts of anti-union discrimination at the time of taking up employment, as provided for in Article 1, paragraph (2)(a), of the Convention.

The Committee would ask the Government to indicate how the protection laid down in section 14(a) and (d) of the Labour Proclamation No. 42 of 1993 could be extended to workers at the time of taking up employment.

The Committee would also ask the Government to indicate how adequate protection is ensured to workers' and employers' organizations against acts of interference by each other, as provided for in Article 2.

The Committee notes that section 3(2) of the Proclamation lists a number of employment relationships to which the Proclamation is not applicable, such as those arising out of contracts for the purpose of upbringing, treatment, care or rehabilitation; contracts for the purpose of educating or training (other than apprenticeships), and others. The Committee points out that the Convention, under Article 5, allows for the sole exception of the police and armed forces. The Committee would therefore ask the Government to indicate how the categories of workers excluded from the application of the Labour Proclamation are protected against acts of anti-union discrimination, and how their right to bargain collectively is promoted in practice.