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

The Committee takes note of the Government's report and observes that it refers to various provisions of a general character which in the Government's view secure compliance with the Convention.

Noting that the legal provisions mentioned by the Government do not refer specifically to the questions raised by the Committee, the Committee recalls that for several years it has commented on the following matters:

Article 1 of the Convention. The Committee had noted that section 34 of Act No. 107 of 1975 concerning trade unions only provided for protection against acts of anti-union discrimination for trade union activities during the employment relationship, but not at the time of recruitment. In this respect, the Committee recalls that under the terms of Article 1 of the Convention, legislative measures, accompanied by sufficiently dissuasive sanctions, should be adopted which would provide for protection against acts of anti-union discrimination not only during the employment relationship but also at the time of recruitment. In these circumstances the Committee requests the Government to take measures as indicated above.

Moreover, the Committee had noted that public servants not engaged in the administration of the State, agricultural workers and seafarers, did not have adequate protection against acts of anti-union discrimination. In this respect, the Committee recalls that the Convention does not exclude from its scope any of the categories of workers mentioned above. In these circumstances, the Committee requests the Government to take appropriate measures, as soon as possible, accompanied by sufficiently dissuasive sanctions, so that workers in the sectors mentioned above enjoy adequate protection against acts of anti-union discrimination at the time of recruitment as well as during the employment relationship.

Articles 4 and 6 of the Convention. The Committee had noted that sections 63, 64, 65 and 67 of the Labour Code required the clauses of collective agreements to be in conformity with the national economic interest. In this respect, the Committee points out that legal provisions which subject the validity of collective agreements to the approval of the administrative authority for reasons of economic policy considerations in such a way that employers' and workers' organizations cannot freely determine employment conditions, are not in conformity with Article 4 of the Convention. In these circumstances the Committee requests the Government to take measures to repeal the above-mentioned provisions of the Labour Code.

In the same way, the Committee had observed that public servants not engaged in the administration of the State, agricultural workers and seafarers do not have the right to bargain collectively. In this respect, the Committee recalls that, under the terms of Article 6 of the Convention, only public servants who work in the administration of the State (civil servants in government ministries and comparable bodies) may be excluded from its scope. Consequently, the Committee once again emphasizes that public servants who do not work in the administration of the State, agricultural workers and seafarers should enjoy the right to bargain collectively. In these circumstances, the Committee requests the Government to take the appropriate measures so that these workers can freely enjoy this right.

The Committee requests the Government to inform it in its next report on any measures taken in relation to the questions raised so as to bring its legislation into full conformity with the Convention.