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

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

The Committee recalls that its previous comments related to sections 1, 2 and 4 of Act No. 88/009 of 19 May 1988 on freedom of association and the protection of trade union rights, amending the Labour Code.

-- Section 1 of the Act provides that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration.

-- Section 2 provides that trade union officers must be members of an occupational trade union.

-- Section 4 provides that occupational trade unions constituted in federations and confederations may group together in a single central national union.

The Committee recalls that provisions of this type may infringe the organization's right to elect their representatives in full freedom by preventing qualified persons, such as full-time union officers or pensioners, from carrying out union duties and that there is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see paragraph 117 of the 1994 General Survey on freedom of association and collective bargaining). The Committee therefore repeats its request that excessive restrictions regarding the requirement that trade union officers must belong to the same occupation should be relaxed in order to ensure that qualified persons such as those employed by the trade unions or pensioners may carry out union duties. It also requests the Government to ensure that first-level organizations may affiliate freely to federations and confederations of their own choosing.

The Committee notes with interest that the new Constitution of 14 January 1995 enshrines the possibility of trade union pluralism and freedom of association (article 10). In this regard, the end of the single trade union system must also be reflected in the implementing legislation. The Government indicated in its last two reports that legislation would be enacted in application of these constitutional provisions and the Committee requests it to supply copies of the legislation as soon as it has been adopted.

Furthermore, the Committee draws the Government's attention to section 11 of Order No. 81/028 of 1984 concerning the Government's power of requisition in the event of a strike, when so required by the "general interest". The Committee considers it necessary to restrict powers of requisition to cases in which the right to strike may be limited or even prohibited, namely in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in a situation of acute national crisis (op. cit., paragraphs 152 and 159).

In regard to the strict prohibition imposed on trade unions of meetings of a political nature to which the Government refers in its report, the Committee recalls that the evolution of the trade union movement and its increased recognition as a full social partner require that workers' organizations must be able to voice their opinions on political issues in the broad sense of the term and to express their views publicly on the Government's economic and social policy (op. cit., paragraphs 37, 130 and 131).

The Committee requests the Government to keep it informed in its next report of any change in the situation in either legislation or practice and, in particular, to indicate the measures taken to amend sections 1, 2 and 4 of the 1988 Act as well as section 11 of the Order of 1984 in order to bring them into full conformity with the requirements of the Convention.