Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee takes note of the Government's report. The Committee notes that section 5 of the Act of 24 November 1992 on Collective Agreements, in contradiction with section 238 of the Labour Code, allows non-unionized workers representing 50 per cent of the workforce the right to negotiate even when one or more trade unions exist. The Committee points out that this provision does not promote collective bargaining within the meaning of Article 4 of the Convention. The Committee considers that, when there is no majority, collective bargaining rights should be granted to the unions in the unit, at least on behalf of their own members. The Committee requests the Government to amend the legislation accordingly so that collective bargaining with non-unionized groups is only possible when there is no trade union. The Committee requests the Government to inform it of any measures taken in this regard.

The Committee notes that it will examine the conformity of the provisions of the Presidential Edicts No. 639 of 1997, No. 252 of 1999 and No. 348 of 1999 with the Convention as soon as a translation into one of the working languages of the ILO is available.