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

The Committee notes with satisfaction the entry into force of Act No. 51/2001 issuing the Labour Code and Act No. 22/2002 issuing the general conditions of service of the public service.

Articles 3 and 10 of the Convention. (i) Right to strike. The Committee notes sections 183-191 of the new Labour Code governing the settlement of collective labour disputes. The Committee notes that section 183 provides that, when a collective labour dispute occurs, before referring the matter to the competent jurisdiction, the parties concerned must first turn to the conciliation council to endeavour to reach an agreed settlement. Where conciliation is not successful, the dispute is brought to the competent jurisdiction. Furthermore, section 189 prohibits any strike by workers before the exhaustion of the procedures set out in the Act, or in violation of a conciliation agreement on the collective dispute or a judgement that has become final. In this respect, the Committee requests the Government to indicate in its next report the circumstances in which workers can in effect lawfully have recourse to strike action in practice, since section 189 appears to prohibit such action before the exhaustion of the procedure set out in section 183.

(ii) Right of organizations of public servants not exercising authority in the name of the State to formulate their programmes in the defence of the occupational interests of their members, including recourse to collective action and to strikes. In its previous comments, the Committee noted that section 26 of the Legislative Decree of 19 March 1974 issuing the general conditions of service of state employees prohibited them from calling strikes or taking part in activities intended to cause a strike in state services. In this respect, the Committee notes with interest that the prohibition of the right to strike is no longer set out in the new general conditions of service of the public service. However, the Committee observes that no specific provision in the conditions of service refers to the granting of the right to strike or the conditions under which it may be exercised. The Committee therefore requests the Government to indicate the provisions applicable in this respect in its next report.