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

Articles 1 and 3(b) of the Convention. The Committee notes the information provided in the Government’s report. In its last comments, the Committee asked the Government to indicate if elected workers’ representatives are protected from discrimination based on their activities by the provision applicable to shop stewards. The Committee recalls that the Government had referred to the new Act No. 4773, under which workers’ representatives would enjoy the same kind of protection as the one provided for by the Labour Act for shop stewards.

The Committee notes that the Government has transmitted a copy of Act No. 4773 and that this Act amended the former Labour Code by introducing provisions by which employees may only be terminated on valid grounds. The Committee notes that, under section 13A of Act No. 4773, activities undertaken by employees’ representatives could not constitute a valid ground for termination. On the other hand, the Committee notes that the former Labour Code, as amended by Act No. 4773, was repealed by the new Labour Act No. 4857, which was enacted on 10 October 2003. The Committee has duly taken note of the Government’s comments that the former provisions of Act No. 4773 on employment contract termination have been included in sections 18 to 21 of the new Labour Act. Nonetheless, the Committee notes that section 18 of the new Labour Act protects trade union representatives from anti-union dismissal but no longer refers to employee representatives. The Committee therefore requests the Government to indicate which legislative provision now protects elected workers’ representatives from discrimination and to submit a copy of any relevant text in this respect.

Finally, the Committee refers to its comments made under Convention No. 98 in respect of workers’ protection against acts of anti-union discrimination and, in particular, those concerning dissuasive sanctions.