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

The Committee notes the Government's report.

It recalls that it has been asking the Government to take specific measures to ensure that the Convention is applied.

Articles 1 and 4 of the Convention. The Committee had observed that the Labour Code (No. 71 of 1987) and Act No. 52 of 1987 respecting trade union organizations contain no provisions to ensure the application of Articles 1 and 4 of the Convention. It notes that the amendments referred to previously are still under consideration and study and that the Government will provide the text as soon as it is adopted.

The Committee expresses the hope that the amendments will be adopted soon and that they will take into account its comments, so as to introduce into the legislation provisions to the effect of guaranteeing the protection of workers against all acts of anti-union discrimination, enforceable by sufficiently effective and dissuasive sanctions, and to encourage and promote the full development and utilization of machinery for voluntary negotiation of collective agreements in the private, mixed and cooperative sectors.

Articles 1, 4 and 6. The Committee also observed that Act No. 150 of 1987 respecting public servants does not contain specific provisions to ensure that the guarantees of the Convention are applied to public employees not engaged in the administration of the State. It had asked the Government to supply copies of the laws and regulations referred to in the matter and applicable to the State and public enterprises and independent public institutions. It notes the Government's statement that it will provide the requested laws at a later stage.

The Committee had also asked for information on how negotiations are conducted in practice in the above-mentioned establishments (for example number of agreements concluded, number of public employees covered, etc.).

The Committee recalls that public employees (other than those engaged in the administration of the State) should enjoy adequate protection against anti-union discrimination and be granted the right to negotiate their terms and conditions of employment collectively.

The Committee trusts that the Government will take the necessary measures to apply the Convention and that it will provide the above-mentioned texts and information with its next report.