Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee takes note of the information contained in the Government’s report and the text of the Labour Code as amended by Act No. 9125 of 29 July 2003. The Committee notes that the Labour Code as amended addresses the Committee’s previous comments with regard to the right to strike. The Committee addresses to the Government the following questions for clarification with regard to certain provisions of the Code.

1. Cases in which strikes may be suspended. The Committee notes that section 197/4 of the Labour Code provides that strikes may be suspended in special cases including an "extraordinary situation". The Committee requests that the Government indicate what is meant by "extraordinary situation" and specify what body is responsible for making the relevant determination.

2. Sympathy strikes. The Committee notes that section 197/7(4) of the Labour Code provides that a solidarity strike shall be lawful if it is staged in support of a lawful strike, which is organized against an employer who is actively supported by the employer of the solidarity strikers. Noting that workers should be generally able to stage sympathy strikes provided that the initial strike they are supporting is itself lawful, the Committee requests the Government to clarify the conditions for the lawful staging of solidarity strikes.