Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes with regret that the Government’s report does not contain replies to the questions raised in its previous comments.

1. Article 4 of the Convention. The Committee noted previously that sections 20 and 28 of Act No. 20-A/92 provide that collective labour disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security after the parties have been heard. The Committee noted that the list of public utility activities (section 1.3) is broader than the concept of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee recalls that arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee therefore requests the Government to take the necessary measures to amend the legislation so as to bring it into conformity with the Convention and hopes that the National Tripartite Commission for the ILO will address this matter in the near future. The Committee requests the Government to keep it informed on this subject.

2. Article 6. The Committee noted previously that, under the terms of section 2 of Act No. 20-A/92, employees in the central and local government and public services not organized in the form of an enterprise are not covered by the Act. The Committee once again requests the Government to indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. It also requests the Government to specify which public services are not organized in the form of an enterprise.