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

The Committee notes that the Government’s report does not answer its previous comments in full.

Protection from acts of anti-union discrimination. The Committee notes that section 100.5 of the Labour Code provides for sanctions which are an adequate deterrent to acts of anti-union discrimination against trade union officials. The Committee observes, however, that for workers other than trade union officials, no sanctions are established for breach of trade union rights in the legislation cited by the Government (neither in section 100.4 of the Labour Code, nor in Decree No. 64-543 of 20 November 1964). The Committee notes that section 3(i) of Decree No. 64-543 merely stipulates that breaches of trade union rights are punished as "category three offences". It therefore asks the Government to provide information in its next report on the exact amount of fines or on any other penalties that may be applicable for such offences and to supply the text of the legal provisions establishing them. The Committee further notes that, according to the Government’s report, the new Labour Code will take account of its comments. It therefore hopes that the Government will be in a position to provide the information requested in its next report in order to confirm its statement that there are sufficiently effective and dissuasive sanctions in the case of workers who are not trade union officials.