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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The absence of legislative provisions providing workers who are not trade union leaders with adequate protection against acts of anti-union discrimination. The Committee notes with regret that the Government’s report contains no information on this point. The Committee considers that Article 1 of the Convention guarantees all workers adequate protection against acts of anti-union discrimination not only at the time of recruitment but also throughout their employment. The Committee again requests the Government to take the necessary measures to ensure that national legislation gives full effect to Article 1 of the Convention.

2. Sanctions against non-observance of the provisions relative to the employment stability of trade unionists and acts of interference by workers’ and employers’ organizations in each other’s organizations. The Committee had noted that the sanctions envisaged in the Labour Code for non-observance of the legal provisions concerning this point (sections 385 and 393 of the Labour Code) are not sufficiently dissuasive. The Committee notes with interest the enactment of Act No. 1416 which amends section 385 of the Labour Code and which enforces new sanctions such as the temporary suspension of employer activities for a period of eight days with full pay to employees, and the cancellation of the employer’s register. These measures are applicable in the event of a second or third repeat infraction by the employer where non-compliance affects more than 10 per cent of all employees or in the event of infraction of the job security of trade unionists. The Committee notes that the constitutionality of this Act is before the Supreme Court of Justice, and the provisions of the Act have been stayed pending the Court’s decision. The Committee requests the Government to keep it informed of any progress in this regard and on the measures adopted to enhance the existing protection, in conformity with Articles 1 and 2 of the Convention.

The Committee notes that the Government representatives and the technical assistance mission which visited the country in 2000 prepared a draft law which takes into consideration the comments made in its observations and that the representatives of the most representative organizations of workers are in agreement with the proposed measures. The Committee expresses the hope that the draft law in question will be submitted to the legislative authority in the near future, and requests the Government to keep it informed of developments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.