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

The Committee notes the information contained in the Government’s report. It also takes note of the excerpts of the Employment Relations Act 2003, transmitted by the Government.

1. Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes the provisions of the Employment Relations Act which entered into force on 1 January 2003. It notes that several articles provide protection against acts of anti-union discrimination at the time of recruitment and at the time of termination of employment, including with regard to both trade union representatives and members (articles 6(1), 89 and 113). The Act also establishes procedures of notification and resolution of disputes (articles 84, 85 and 205) and establishes fines for acts of discrimination against "jobseekers" on the basis of trade union membership (article 229).

The Committee also notes, however, that the Act does not seem to contain any provision on protection against other acts prejudicial to the workers for anti-union reasons (transfer, relocation, demotion, dismissal, etc.), including procedures of redress and remedies applicable where such acts occur. Moreover, although article 89 of the Act prohibits unfair dismissals based on anti-union grounds, there are no sanctions for violations of this article (despite sanctions for various other violations established in articles 229-231).

The Committee requests the Government to indicate the provisions which prohibit acts of anti-union discrimination, other than refusal to hire or dismissal, as well as the procedures of redress and remedies applicable where such acts occur. It also requests the Government to specify the sanctions applicable in case of violation of article 89 of the Employment Relations Act which prohibits anti-union dismissals.

2. Article 2. Protection against acts of interference. The Committee notes that the excerpts of the Employment Relations Act communicated by the Government do not contain provisions on this issue. It requests the Government to specify in its next report the provisions which prohibit acts of interference by workers’ and employers’ organizations in each other’s functioning and to indicate any rapid appeal procedures, as well as effective and sufficiently dissuasive sanctions to ensure the application of these provisions in practice.

Article 4. Measures to promote collective bargaining. The Committee notes that the excerpts of the Employment Relations Act communicated by the Government do not contain any provisions on this issue. It takes note of the Government’s statement that, until a specific act regulating collective agreements enters into force, this question shall be regulated, according to article 45 of the Employment Relations Act, by the section on basic rights in the current Employment Relations Act, as well as the provisions on collective agreements from the old Employment Relations Act. The Government adds that intensive work with the social partners has been going on in order to harmonize the texts. Certain key questions remain to be agreed upon. The Government expects the harmonization of the draft act on collective agreements to continue this year.

The Committee also notes with interest from the Government’s report that the signatories of the Social Agreement reached for the period 2003-05 (six trade union confederations and four employer associations, as well as three trade unions not affiliated to the above confederations) expressed their consent to the acceleration and development of the system of collective agreements, as well as the improvement of social dialogue at all levels. Thus, the Social Agreement partners undertook to speed up the work related to the drafting of the Collective Agreements Act, as the adoption of the Act is conditional to the agreement of the social partners on all the key issues.

The Committee requests the Government to keep it informed of developments in the process of adoption of the draft Collective Agreements Act and to communicate the text of the draft Act as soon as it is harmonized. The Committee trusts that the Government will be able to indicate significant progress in this respect in the near future.