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

The Committee notes the Government’s report and Constitutional Acts Nos. I and II of 15 March 2003 suspending the Constitution of 14 January 1995 and issuing a temporary organization of state powers. The Committee notes that the report does not address the points raised in its previous comments, which concerned the following matters.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom and to organize their activities freely. The Committee recalls that sections 1 and 2 of Act No. 88/009 provide that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration, and that trade union officers must be members of a trade union. In its report in 2001, the Government indicated that, in the context of a preliminary draft of a new Labour Code, these restrictions would be withdrawn in favour of more flexible provisions. The Committee recalls that legislative provisions such as those referred to above may be interpreted as imposing upon all trade union leaders the obligation to belong to the occupation or to work in the enterprise whose workers are represented by the trade union. It therefore once again requests the Government to relax these eligibility conditions so as to ensure that qualified persons, such as persons employed by trade unions or retirees, may hold trade union office. The Committee requests the Government to keep it informed in this respect.

With regard to section 11 of Order No. 81/028 respecting the Government’s power of requisition in the event of a strike when so required in the general interest, the Committee emphasized in its previous comments that it is necessary to restrict powers of requisition to cases in which the right to strike may be limited, or even prohibited, that is, on the one hand, in essential services in the strict sense of the term, namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population and, on the other, in a situation of acute national crisis. The Committee hopes that the Government will take the necessary measures to amend section 11 of Order No. 81/028 and requests it to keep it informed on this matter.

Articles 5 and 6. Right of workers’ organizations to establish federations and confederations of their own choosing. The Committee recalls that the Constitution of 14 January 1995, which is currently suspended, set forth the possibility of trade union pluralism and freedom of association (article 10). However, and even though section 30 of Act No. 61/221 issuing the Labour Code provides that trade unions may form federations, section 4 of Act No. 88/009 of 19 May 1988 amending the Labour Code (which is still in force, according to the Government) was not amended following the adoption of the Constitution of 1995 and continues to provide that occupational trade unions formed into federations and confederations may join together in a single central national organization. In its report in 2001, the Government indicated that it had repealed this provision when formulating the preliminary draft of the new Labour Code. The Committee once again requests the Government to take the necessary measures to amend the Labour Code with regard to trade union monopoly so as to guarantee in full the right of workers’ organizations to establish federations and confederations of their own choosing, and to keep it informed on this matter.

The Committee hopes that the Government’s next report will contain all the necessary information. It also requests it to provide information on the process of formulating and adopting the preliminary draft of the Labour Code.