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

The Committee notes the Government's reports and the Labour Code adopted in 1996.

1. The Committee observes that the new Code does not provide for any protection against acts of interference to ensure the application of Article 2 of the Convention. It recalls that it has been commenting on this since 1968. The Committee draws the Government's attention to Article 2, paragraph 1, of the Convention, which provides that "workers' and employers' organizations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration". The Committee is of the view that legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference to ensure the application in practice of Article 2 of the Convention.

2. The Committee notes that, under section 3 of the Labour Code, domestic servants, gardeners, cooks and the like are excluded from the application of the Code. The Committee had been commenting, under the previous legislation, on the need to extend the application of the Convention to domestic servants and other workers. The Convention does not allow for the exclusion of such workers from its scope. The Committee therefore requests the Government to consider completing its present legislation by introducing legislative measures in order to extend the application of the Convention to domestic servants, gardeners, cooks and the like.

3. The Committee notes that agricultural workers are also excluded under the same provision (section 3) of the Labour Code, except those who shall be covered pursuant to a decision of the Council of Ministers. The Convention does not allow the exclusion of agricultural workers from its scope. The Committee therefore requests the Government to consider completing its present legislation by introducing legislative measures in order to extend the application of the guarantees provided by the Convention to all agricultural workers. It also asks the Government to send a copy of any decision by the Council of Ministers on the application of the Labour Code to agricultural workers.

The Committee hopes that the Government will take the appropriate measures to bring its legislation into full conformity with the Convention and asks it to indicate in its next report what measures have been taken to that effect.

The Committee is addressing a direct request to the Government on other points.