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

The Committee notes the Government’s reports.

Article 2 of the Convention. In its previous comments, the Committee had noted that the legislation contains no specific provisions, coupled with effective and sufficiently dissuasive sanctions, providing for protection against acts of interference. The Committee had recalled that Article 2 requires that protection be granted to organizations of employers and workers against acts of interference and, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination of employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or their organizations.

In its report, the Government states that workers’ and employers’ organizations act freely without interference of one over the other. The Government stresses that section 113(1) of the Labour Proclamation guarantees the right of workers and employers to establish trade unions or associations, section 115 states clearly the functions of organizations and section 4(1) stipulates that it is unlawful for an employer to impede the worker in any manner in the exercise of his rights or take any measure against him because he exercises his right. Consequently, according to the Government, the presumption is that the above provisions prohibit interference.

While taking note of this information, the Committee recalls that the Convention requires the Government to take specific action, in particular through legislative means, to ensure respect of the guarantees laid down in Article 2 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 230). Therefore, the Committee requests the Government to amend its legislation to give effect to Article 2 of the Convention in the indicated way.

Articles 4 and 6. For years, the Government had been indicating in its report that special legislation was being prepared to grant civil servants the right to organize and to conclude agreements with their employers. The Committee notes the Federal Civil Servants Proclamation No. 262/2002 which entered into force in January 2002. The Committee notes with regret that the abovementioned legislation does not refer to the right to negotiate of public servants. The Committee recalls that Article 6 of the Convention only allows public servants engaged in the administration of the State (civil servants employed in government ministries and other comparable bodies, as well as ancillary staff) to be excluded from its scope while other categories should be able to negotiate collectively their conditions of employment.

The Committee requests the Government to take the necessary measures to ensure the recognition, both in law and in practice, of the right to voluntary negotiation of employment conditions for public servants, with the sole possible exception of those engaged in the administration of the State.