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

The Committee takes note of the Government’s report.

Article 4 of the Convention. The Committee notes that under section 51(a)(2) and (3) of the Labour Code as amended (conclusion of collective agreements in enterprises where there exist more than one trade union organization) the trade unions must submit a common draft agreement; if the trade unions fail to submit a common draft, the employer shall conclude the collective agreement with the trade union whose draft is approved by the absolute majority of employees. Recalling that where no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all unions in this unit, at least on behalf of their own members (1994 General Survey on freedom of association and collective bargaining, paragraph 241) the Committee requests the Government to provide further information on the practical application of the collective bargaining procedure under section 51(a)(2) and (3), and more particularly to indicate what happens if a trade union fails to secure the support of at least 50 per cent of the bargaining unit members.

The Committee also requests the Government to provide a copy of the amended Labour Code with its next report.