Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report.

The Committee recalls that its previous comments refer to the following points:

(a)   the prohibition of establishing more than one trade union, whatever its level, to represent the same occupational or economic category at the same territorial location (article 8(II) of the Constitution and section 516 of the Consolidated Labour Code (CLC));

(b)   the deduction of a union contribution from the wages of workers in the various occupational categories to finance the maintenance of the confederal system of union representation (article 8(IV) of the Constitution), and the levying of compulsory union dues for all workers in a particular economic category (sections 578, 579 and 580 of the CLC). In this respect, the Committee notes the Government’s information indicating that, in March 2005, it submitted to the National Congress the proposed constitutional amendment (PEC No. 369/05) that amends section 8 of the Constitution, which was prepared within the framework of the tripartite negotiations held by the National Labour Forum, and that this amendment will enable the Government to present the draft Trade Union Relations Act. Under these circumstances, the Committee strongly hopes that the proposed amendment to section 8 of the Constitution and the draft Trade Union Relations Act will be in full conformity with the Convention, and requests the Government to provide information on the legislative development of the draft in its next report;

(c)   the requirement of five organizations at lower level in order to form federations and confederations (section 534 of the CLC). In this respect, the Committee recalls that, as in the present case of organizations in a single sector, such a requirement is too high and makes it difficult for trade unions to establish organizations at a higher level in full freedom, and is therefore contrary in particular to the provisions of the Convention respecting policies to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers. Under these circumstances, the Committee urges the Government to amend section 534 of the CLC so as to reduce the number of organizations at lower level required to form a federation, and to provide information in its next report on any measures adopted in this respect.

Moreover, in its previous direct request, the Committee asked the Government to keep it informed of any legislative developments concerning the definition of rural workers in the CLC, since the definition is insufficient to cover all rural workers and as a result does not include temporary workers, workers engaged in sugar-cane harvests, casual workers, tenants and sharecroppers. The Committee observes that, according to the Government, the definition of rural workers for the purposes of their coverage by trade unions set out in Legislative Decree No. 1166 of 15 April 1971 is broader and covers both individuals providing services to a rural employer in return for remuneration of any type and workers whether or not they are owners who work on their own account or with their families, with this being understood as covering the members of the family, in activities that are indispensable for their own subsistence and carried on in conditions of mutual dependence and collaboration, even though the assistance of third persons may be used. The Committee takes note of this information.

Lastly, the Committee notes that with regard to the ratification of Convention No. 87, which it referred to in its previous direct request, the Government indicates that within the National Labour Forum, in which tripartite discussion takes place on constitutional and legal amendments, the social partners have agreed to establish a system that is based on neither trade union monopoly nor plurality, but representativeness, and that it is not yet clear if the new legislation will allow for the ratification of the Convention No. 87.

Recalling that under Article 3 of Convention No. 141 all categories of rural worker have the right to form, without previous authorization, organizations of their own choosing, the Committee requests the Government to take the necessary measure to amend the legislation so as to bring it into conformity with this Article. The Committee requests the Government to keep it informed of developments in this respect.