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

The Committee takes note of Act No. 51 of 30 December 2001 to enact the Labour Code.

The Committee notes that pursuant to section 116 of the Code, an order of the Minister of Labour shall determine the conditions for the deposit, registration and publication of collective agreements. The Committee asks the Government to provide a copy of the order as soon as it has been adopted.

The Committee requests the Government to indicate the public enterprises and public establishments which have specific legal or regulatory status regarding collective agreements (section 114 of the Code) and to send a copy of the legal texts in force that contain provisions on collective bargaining. The Committee also requests the Government to send a copy of the legal provisions governing collective bargaining in the public sector (including the civil service).

The Committee asks the Government to indicate whether a collective labour dispute in the course of collective bargaining may be referred to the competent jurisdiction, whose rulings are binding (sections 183, 185, 186), only at the request of the two parties to the negotiation or whether it may be referred at the request of one party or at the request of the authorities.

In its previous observation, the Committee noted that no collective agreements had been concluded. The Committee hopes that the application of the new Code will allow collective bargaining to be developed in the country and requests the Government to take steps to encourage and promote the conclusion of collective agreements.