Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report and recalls that its earlier comments referred to:

(1)  the exclusion of agricultural and stock-raising enterprises permanently employing no more than five workers from the scope of the Labour Code of 1943 (section 14(c)); and

(2)  the prohibition of the right to strike in the agricultural, stock-raising and forestry sectors (section 369(b), now section 376(b) of the Labour Code).

Right to organize of rural workers

1.  With regard to the first issue, the Committee notes that, according to the information provided by the Government, section 14(c) of the Labour Code was repealed by the Supreme Court of Justice on 22 July 1954.

The Committee requests the Government to take measures to ensure that the repeal of this provision is reflected in the legislation which is in force, since the texts of the Labour Code published in recent years continue to include subsection (c) of section 14 of the above Code.

2.  With regard to the prohibition of the right to strike in the agricultural, stock-raising and forestry sectors, the Committee noted that in February 1998 the Constitutional Chamber of Supreme Court of Justice declared unconstitutional the prohibition of the right to strike in the public sector and in the agricultural, stock-raising and forestry sectors. The Committee had requested the Government, with a view to removing all ambiguity with regard to this matter, to repeal section 369(b), now section 376(b) of the Labour Code, possibly by means of the Bill which it had reported submitting to the Legislative Assembly.

In this regard, the Committee notes the Government’s expression of interest and the hope that it will provide information in its next report on any measure taken in this respect. The Committee therefore expresses the firm hope that the Government will provide information in its next report on the measures adopted to give effect to the free exercise of the right to strike in the public sector and in the agricultural, stock-raising and forestry sectors.

Free access of trade union leaders to plantations

The Committee also recalls the information provided by the Government in its report in 1999 concerning the number of trade union organizations in plantations, and the approximate number of their members. It also recalls with interest the administrative directive issued by the Ministry of Labour on 18 January 1999 ordering the competent authorities "… to remain constantly vigilant in the protection of the collective rights of workers, to ensure that there is no hindrance to workers and their trade union representatives’ constitutional right to assembly and to hold meetings and peaceful demonstrations with the workers …".

The Committee moreover once again wishes to emphasize the importance for the Government to take measures by legislative means to safeguard the freedom of access of trade union officers to plantations, which is explicitly recognized in the conclusions adopted by the ILO committees on work in plantations. The Committee once again requests the Government to provide information on any development on this matter in its next report.