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

The Committee notes the information provided in the Government’s report.

Article 3. Right of workers’ organizations to organize their activities in full freedom. The Committee notes the Government’s reply to its previous direct request that, with the exception of the right to strike, public service employees enjoy the right to form trade unions and that the Labour Code applies to this category of workers. The Committee notes that public servants as defined under section 8 of the Act on the Fundamental Principles of Employment in the Public Service of 23 November 1993 include those working in the National Bank and therefore, by virtue of section 12, this category of employees does not enjoy the right to strike. The Committee considers that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State (see 1994 General Survey on freedom of association and collective bargaining, paragraph 158) and therefore requests the Government to take necessary measures to ensure that employees of the National Bank may have recourse to strike action, without penalty.

The Committee takes note that collective labour relations of employees of governing councils who are excluded from the Labour Code by virtue of section 6 are regulated by sections 861-869 of the Civil Code. It requests the Government to indicate how the right to organize is guaranteed for this category of employees.