Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information contained in the Government's report as well as the different legislative texts, Presidential Decrees and government resolutions transmitted with the Government's report.

Article 2 of the Convention. The Committee notes that sections 5 and 6 of the Federal Act respecting trade unions promulgated on 12 January 1996 (No. 10-FZ), which provides basic protection in respect of acts of interference, does not specify the sanctions imposed in the event that these provisions are violated. The Committee recalls the importance of ensuring that protection against acts of interference is accompanied by sufficiently dissuasive and effective sanctions and requests the Government to indicate the measures applicable in the event of non-observance of these provisions.

Articles 5 and 6. The Committee notes that section 1 of the Act amending collective agreements and accords (Act No. 2490-I of 11 March 1992 as amended on 20 October 1995) provides, in particular, that this Act establishes the legal criteria to elaborate, conclude and apply collective agreements and accords, in order to contribute to concerted regulations in respect of industrial/social relations. Moreover, paragraph 2 of section 1 specifies that the Act applies to all enterprises, institutions and organizations irrespective of their ownership, their sector of activity or their employees. The Committee also notes that, under section 4 of the Federal Act (No. 10-FZ) respecting trade unions, the appropriate federal legislation must determine to what extent this Act shall apply to the armed forces, the personnel of institutions responsible for national affairs of State, the security services, customs officials, the fiscal authorities, judges and prosecutors. The Committee would be grateful if the Government would transmit copies of the above legislative texts.