Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the information contained in the Government's report.

With reference to its previous comments concerning the obligation to obtain the approval of the central workers' union before declaring a strike, the Committee notes the Government's statements to the effect that the trade union organizations have insisted on maintaining the current provisions of section 376bis(2) of the Labour Code, considering that the approval needed from the central workers' union for a strike was a useful procedure for informing the central union and for the effectiveness of conciliation activities and measures aimed at resolving the conflict. The Committee emphasizes once again however that this provision is liable to restrict the right of first-level unions to organize their activities (Article 3 of the Convention) and to promote and defend the interests of the workers (Article 10) and therefore asks the Government to repeal this provision in order to bring its legislation into fuller conformity with the principles of freedom of association.

The Committee requests the Government to indicate if, under section 381ter of the Labour Code as amended, a list of essential services has been established by Decree and, if so, to provide it with a copy.