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

The Committee notes the Government’s report.

1. The Committee had requested the Government to indicate whether the legislation protects, by means of expeditious procedures and effective sanctions, workers who are members of trade unions or who participate in trade union activities against acts other than termination of employment. The Committee had also requested it to indicate whether the legislation provides for expeditious procedures and dissuasive sanctions against acts of interference by employers. In its latest report, the Government indicates that Act No. 54/1991 provides for fines or sentences of imprisonment for any obstacle to the free exercise of the right of association and that, under the terms of emergency Ordinance No. 179/1999, amending and supplementing Act No. 92/1992 respecting the organization of the judiciary, individuals may appeal through the courts when they consider that their rights have been infringed. Labour disputes are judged rapidly in the tribunal of first instance by a committee composed of a judge and two assessors representing respectively employers’ and workers’ organizations.

The Committee notes from the general comments made by the trade unions that, while the latter consider the legislative framework to be satisfactory, its application in practice leaves much to be desired in relation to several important aspects of the Convention (for example, the low level of sanctions for acts of interference in trade union activities; the limited effectiveness of protective measures against acts of anti union discrimination; the excessive length of judicial procedures relating to labour disputes; the non compliance of certain employers with collective agreements that have been concluded and registered). The Committee also notes that all the social partners concluded a social agreement in February setting out the common priorities in social matters for 2001 and which provides for the adoption or amendment of several legislative texts in this respect (including the Labour Code, the legislation on labour disputes, the legislation respecting labour tribunals), that the social partners will be associated with these discussions and the work of bringing the national legislation into closer conformity with international labour standards and that the Government intends to take into account the Committee’s comments in this exercise. The Committee requests the Government to provide information in its next report on the work and discussions in question, any texts which are adopted and information on the application of the legislation in practice.

2. In its previous comments, the Committee noted that the Act to amend and supplement Act No. 130/1996 on collective labour agreements limits negotiations on collective agreements to 60 days and it requested the Government to indicate the procedure adopted when negotiations still continue after that period. The Government states that the legislator set the above period in order to prevent delays in the conclusion of collective labour agreements and that the information provided to trade union delegates by the employer and the place and timing of the following meetings are indicated during the first meeting of the parties. The Committee notes this information but is bound to observe that the Government has not replied to its question. The Committee once again requests the Government to indicate in its next report the procedure adopted when negotiations are still continuing after 60 days in the circumstances described above.

3. The Committee reminds the Government that it can call on the technical assistance of the ILO and it hopes that these measures to improve the legislation and its application in practice will be adopted in the near future.