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

The Committee notes with regret that the Government’s report has not been received. The Committee notes the discussions in the Conference Committee on the Application of Standards in 2005. In addition, the Committee notes the conclusions and recommendations of the Committee on Freedom of Association in Cases Nos. 2216, 2244 and 2251 (see 337th Report, June 2005).

The Committee further notes the comments on the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) which concern restrictions imposed on the right to strike and the alleged violation of trade union rights afforded by the Convention in practice. The Committee requests that the Government provide its observations on the ICFTU’s comments.

The Committee notes that the Labour Code is under review. It hopes that the drafted amendments will take into account the Committee’s previous request to modify the following sections of the Labour Code or other legislative texts so as to bring them into conformity with Article 3 of the Convention:

–      section 410 of the Labour Code (providing that a minimum of two-thirds of the total number of workers should be present at the meeting and that the decision to stage a strike should be taken by at least half of the number of delegates present), so as to lower the quorum for a strike ballot, which the Committee considered too high and likely to impede recourse to industrial action, particularly in large enterprises;

–      section 410 of the Labour Code, so as to repeal the obligation to indicate the duration of a strike;

–      section 412 of the Labour Code, so as to ensure that any disagreement concerning minimum services in organizations responsible for safety, health and life of the people and vital interests of the society, where the minimum services must be ensured during a strike, is settled by an independent body having the confidence of all parties to the dispute and not the executive body;

–      section 413 of the Labour Code, so as to ensure that when a strike is prohibited, any disagreement concerning a collective dispute is settled by an independent body and not by the Government; and

–      section 11 of the Law on Fundamentals of State Employment and the relevant section of the Law on the Federal Railway Transport, so as to ensure that railroad employees, as well as those engaged in the public service, who are not exercising authority in the name of the State, enjoy the right to strike.

The Committee asks the Government to keep it informed of the developments regarding the amendment of the Labour Code and provide a copy of the amended text as soon as it adopted.