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

The Committee notes the Government’s report.

1. Article 4 of the Convention. Right to collective bargaining of prison service workers. The Committee notes that, according to the Government, in compliance with section 4 of the Prisons Administration Law, the prison administration staff shall be comprised of: (1) the specialized state civil service servants (individuals with the appropriate vocational education, qualifications, rank and who have taken the oath of a civil servant and serve in the prison administration) whose legal status, rights, duties and social guarantees are determined by the Prison Administration Law; (2) civil servants in general (regulated by the State Civil Service Law); and (3) employees who work on the basis of a contract of employment (regulated by the Labour Law). According to the Government, the Prison Administration Law does not prohibit servants to organize but prohibits them to take part in a strike. The Committee recalls that, in accordance with the Convention, workers of the prison services should enjoy full collective bargaining rights. The Committee requests the Government to describe the dispute settlement mechanism this category of workers can use in a case of a dispute and to introduce in the legislation clear provisions granting them the right to collective bargaining.

2. State police, state border guard, state fire and rescue service. The Committee notes the Government’s statement that, on 15 June 2006, the Law on the service of officials with special service ranks of the institutions of the system of the Ministry of Internal Affairs and Prison Administration was adopted. The Government adds that the institutions subordinated to the Ministry of Internal Affairs are included in the system of the Ministry of Internal Affairs – state police, state border guard, state fire and rescue service. The Government states that, in the nearest future, it is planned to adopt corresponding updates of the other regulatory acts, including issues relating to negotiating. The Committee requests the Government to send a copy of the recently adopted Law. The Committee welcomes the future updates concerning collective bargaining of the regulatory acts regarding state police, state border guard, state fire and rescue service and asks to be kept informed of the developments.