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

The Committee notes the Government's report and observes that it refers to Decree No. 64-453 of 20 November 1964 which establishes sanctions for violations of standards relating to trade union rights.

The Committee had noted that, in respect of protection afforded to workers in general against acts of anti-union discrimination, section 4 of the Labour Code prohibited employers from taking into consideration "membership or non-membership of a trade union or trade union activities of workers for making decisions regarding, in particular, recruitment, conduct and distribution of work, vocational training, advancement, promotion, remuneration, granting of social benefits, discipline or termination of the employment contract". The Committee understands that violations of the provisions of this section of the Labour Code are punishable by the sanctions applicable under the conditions determined by decree (section 100.4 of the Labour Code). The Committee, therefore, requests the Government to specify the applicable sanctions under Decree No. 64-453 (since it does not specify the amount of the contravention). The Committee recalls that protection against acts of anti-union discrimination against workers requires sanctions which are sufficiently effective and dissuasive.