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

The Committee takes note of the Government’s report, but observes that it does not reply to some of the points raised in its previous comments.

1. Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations without previous authorization. Recalling that Article 2 gives all workers, without distinction whatsoever, the right to form and join organizations, the Committee noted previously that under section 294(3) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of young persons under the age of 16. In its report of 2000, the Government said that section 294(3) was to be repealed when the enabling texts of the Labour Code were adopted. Noting that the Government’s last report provides no information on this matter, the Committee once again expresses the hope that section 294(3) will shortly be amended to guarantee the right to organize of young persons who are legally entitled to work, either as workers or apprentices, without parental authorization being necessary. The Committee requests the Government to provide information on any measures taken to this end.

2. Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee noted previously that section 307 of the new Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector when so requested. In its previous reports, the Government indicated that the texts to implement the Labour Code should establish further provisions to govern such supervision, which could be carried out following a claim or a complaint by a trade unionist. While noting that, according to the Government, the labour inspector has never supervised the financial management of trade unions in this way, the Committee observes that the Government makes no mention of the implementing texts for the Labour Code referred to previously. The Committee points out that financial supervision of trade unions by the public authorities should be confined to the submission of periodic reports, and requests the Government to keep it informed on this matter and to send the implementing texts to be adopted on freedom of association.

The Committee requested the Government to provide information on the practical application of Decree No. 96/PR/MFPT/94 of 29 April 1994, regulating the right to strike in the public service. The Committee recalls that the Decree provides for a conciliation and arbitration procedure prior to the calling of a strike and for a compulsory minimum service in certain public services the interruption of which would result in extremely serious disruption of the life of the community. In its report for 2000, the Government stated that the Decree had met with strong opposition from trade union confederations and had therefore never been applied in practice. The Government also stated that the texts that were due to be issued under the Labour Code would expressly repeal the Decree. In its last report, the Government repeats that the Decree fell into abeyance as soon as it was published and that the Government is studying the possibility of repealing it expressly. The Committee expresses the firm hope that the Government will take the necessary measures in the near future to repeal or amend Decree  No. 96/PR/MFPT/94 and again requests the Government to provide copies of the Act of 31 December 2001 issuing the general conditions of service of the public service and its implementing Decree of 23 June 2003.