Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s report.

In its previous observation, the Committee noted that the number of trade union representatives protected was small (section 367 of the Labour Code extends this protection to one leader for the first 20 workers unionized and one for every additional 25 workers up to a maximum of four). The Committee had expressed the view that it would be appropriate to extend protection to a larger number of representatives notwithstanding the possibility of ensuring satisfactory general protection for all workers against acts of anti-union discrimination. It asks the Government to provide information in its next report on any developments in this area.

In its report, the Government refers to a bill which extends and improves protection against anti-union discrimination.

The Committee reiterates the comments it made in 2001 in its examination of the application of Convention No. 98 in connection with the above bill (to amend several provisions of the Labour Code) submitted, within the framework of the tripartite consensus, to the Legislative Assembly, and which read as follows:

The bill addresses very fully acts of anti-union discrimination and interference (dismissals, transfers, blacklists, etc.) and provides for very rapid procedures prior to dismissal which have to be discharged by the employer and summary proceedings before the judicial authorities with compulsory time limits to ascertain the reasons for the dismissal, with severe penalties for refusal to reinstate the worker where justified grounds are not found to exist. It is explicitly provided that, in the situations described above, dismissal without due cause as provided in the Labour Code shall be void (that is, subject to compensation) as already established in the case law of the Constitutional chamber.

The Committee notes that this matter too is being examined in a tripartite committee. It expresses the firm hope that the bill - which it notes with interest - will be adopted in the very near future, and requests the Government to keep it informed on this matter.