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

The Committee notes the information supplied by the Government in its last report. It recalls that its previous comments concerned public servants who have no right of association. It noted that section 3(3) of Labour Act No. 8/98 and Act No. 23/91 of 1991, regulating the exercise of freedom of association provide that the employment relationship of public servants is governed by special regulations and that, according to the information sent by the Government, the legislation does not ensure freedom of association for public servants.

In its previous comments, the Committee stressed that all public servants must have the right to establish occupational organizations, whether they are engaged in the state administration at central, regional or local level or whether they are officials of bodies which provide important public services or are employed in state-owned economic undertakings. It requested the Government to state whether the general public service regulations (Decree No. 14/87) were still in force. The Government confirms that this is the case. In its report, the Government indicates that the public sector is currently undergoing a thorough reform and that Labour Act No. 8/98 is likewise in the process of revision. The Committee hopes that the reform process will result in the adoption, in the near future, of the necessary legislative measures to ensure that public servants have the right of association not only for cultural and social purposes, but also for the purpose of furthering and defending their occupational and economic interests (see General Survey on freedom of association and collective bargaining, 1994, paragraph 52). It requests the Government to send with its next report a copy of any relevant bills or texts that have been adopted in this regard.