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

The Committee notes the Government’s report.

Articles 1 and 4 of the Convention.  The Committee had observed that the Labour Code (No. 71 of 1987) and Act No. 52 of 1987 regarding trade union organizations contain no provisions that ensure the application of Articles 1 and 4 of the Convention. It notes that the amendments referred to previously are still under discussion and that the Government states it will provide the text as soon as it is adopted. The Committee expresses the hope that the amendments will be adopted soon and that they will take into account its comments, so as to introduce into the legislation provisions guaranteeing the protection of workers against all acts of anti-union discrimination, enforceable by sufficiently effective and dissuasive sanctions, and to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements in the private, mixed and cooperative sectors.

Articles 1, 4 and 6.  The Committee also observed that Act No. 150 of 1987 regarding public servants does not contain specific provisions to ensure that the guarantees of the Convention are applied to public employees not engaged in the administration of the State. The Committee had asked the Government to supply copies of the laws and regulations applicable to the State and public enterprises and independent public institutions. The Government states that it will send these copies in due course. The Committee had also asked for information on how negotiations are conducted in practice in the abovementioned establishments (number of agreements concluded, number of public employees covered, etc.).

The Committee recalls that under the terms of the Convention public employees not engaged in the administration of the State should enjoy adequate protection against anti-union discrimination and be granted the right to negotiate their terms and conditions of employment collectively.

The Committee trusts that the Government will take the necessary measures to apply the Convention and that it will provide the abovementioned texts and information with its next report.