Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee takes note of the Government’s report.

The Committee recalls that, for a number of years, it had been drawing the Government’s attention to the need to amend section 87 of the Labour Code, as amended by Act No. 137 of 1981, which provides that any clause of a collective agreement, which is liable to impair the economic interests of the country, shall be null and void.

In its latest report, the Government indicates that section 87 of the Labour Code has been amended by section 154 of the new consolidated Labour Code, which provides that any clause mentioned in a collective agreement shall be declared null and void if it is in violation of legal provisions, order or public morals.

While noting the adoption of this amendment, the Committee emphasizes that the legal and other provisions in question should themselves be compatible with the provisions of the Convention. The Committee requests the Government to provide in its next report a copy of the new Labour Code, and to confirm that the legislation, as amended, does not make the validity of collective agreements subject to the economic interests of the country.