Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the information contained in the report of the Government.

Article 3 of the Convention. Power to requisition. The Committee recalls that in its previous comments it referred to the need to amend sections 1 and 6 of Act No. 45-60/AN of 25 July 1960 regulating the right to strike of public servants and state employees. Under these provisions, public servants may be required to perform their duties in order to ensure the continuity of the administration and the safety of persons and property. The Committee recalled in this connection that it would be advisable to restrict the public authorities’ power to requisition workers to cases in which the right to strike may be limited or even prohibited, namely: (1) public servants exercising authority in the name of the State; (2) essential services, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (3) in the event of an acute national crisis (seeGeneral Survey of 1994 on freedom of association and collective bargaining, paragraphs 152, 158 and 159). In its latest report, the Government indicates that a rereading of the Act took place to achieve convergence of views on the concept of essential services. The Government specifies in this regard that draft legislation to issue a new Labour Code is being finalized but that there is still no convergence of views concerning requisition. The Government adds that during the period covered by the report, no decision to requisition workers has been taken.

While noting the information communicated by the Government on draft legislation that is being finalized to issue a new Labour Code, the Committee draws to the attention of the Government that its request related to sections 1 and 6 of Act No. 45-60/AN regulating the right to strike of public servants and state employees, whose conditions of work have been governed, until now, by a specific law (Act No. 013/98/AN of 28 April 1998 issuing the rules governing jobs and employees in the public service) and not by the Labour Code. The Committee therefore requests the Government to indicate whether and to what extent the draft legislation to issue a new Labour Code is to be applicable to employees in the public service, particularly in respect of the exercise of the right to strike, and to further indicate the measures taken or envisaged to amend or repeal sections 1 and 6 of Act No. 45-60/AN, if it is to remain in force after the new Labour Code has been issued. Moreover, the Committee requests the Government to continue to keep it informed of any decision to requisition workers that may have been taken in accordance with section 6. Finally, the Committee requests the Government to provide a copy of the new Labour Code as soon as possible.

In addition, the Committee raises another point in a request addressed directly to the Government.