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

The Committee notes the information contained in the Government’s report. It further notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006 addressing issues previously raised by the Committee concerning strike restrictions and alleging that new rules for registering legal entities made the establishing of new trade unions more cumbersome. The Committee requests the Government to provide its observations thereon.

Articles 3 and 10 of the Convention. Right of workers’ organizations to organize their activities without interference from the public authorities. (a) Prohibition of the right to strike by workers who are not employed in essential services in the strict sense of the term. The Committee recalls that, in its previous observation, it requested the Government to amend section 78 of the Labour Code so as to lift the prohibition of the right to strike by workers in heating and gas supply companies. The Committee notes with interest the Government’s statement that sections 77(4) and 78(1) of the Labour Code were amended so as to take into account the comments of the Committee. By virtue of these amendments, which came into force on 28 May 2005, the ban on strikes in centralized power, heat and gas supply companies was lifted. The Committee asks the Government to transmit a copy of these amendments.

(b) Unilateral determination of minimum service. In its previous comments, the Committee requested the Government to amend section 80(2) of the Labour Code so as to ensure that, in the event of disagreement among the parties to negotiations on the minimum service, the definition of the service to be ensured may be determined by an independent and impartial body. The Committee notes the Government’s indication that this proposal will be referred to the Tripartite Council for consideration. The Committee requests the Government to keep it informed of the outcome of the discussion of this issue by the Tripartite Council.

A request on certain other points is being addressed directly to the Government.