Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 28 August 2007 that refer to matters already raised by the Committee.

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their activities freely without interference by the public authorities. 1. The Committee recalls that, on previous occasions, it had requested the Government to amend section 11(2) and (3) of the Collective Labour Disputes Settlement Act; section 11(2) provides that the decision to strike shall be taken by a simple majority of the workers of the enterprise or the unit concerned, whereas section 11(3) stipulates that the duration of the strike must be declared. The Committee takes note of the Government’s statement that no amendments to these provisions have been made. In these circumstances, the Committee once again requests the Government to indicate the measures presently being taken or envisaged to amend section 11(2) of the Collective Labour Disputes Settlement Act to ensure that, in strike ballots, only the votes cast would be counted and the quorum would be fixed at a reasonable level, as well as to amend section 11(3) of the Act so as eliminate the obligation to notify the duration of a strike.

2. Previously, the Committee had asked the Government to amend section 51 of the Railway Transport Act of 2000, which provides that, where industrial action is taken under the Act, workers and employers must provide the population with satisfactory transport services of no less than 50 per cent of the volume of transportation that was provided before the strike. The Committee notes the Government’s indication that the Ministry of Transport had expressed the will to amend section 51 of the Act, and had proposed a modification providing that in case of a strike, the employees and the employers “shall be obliged, by a written agreement signed before the start of the strike, to assure 50 per cent of the implementation of the confirmed schedule for the movement of the trains on the day of the action”. The Committee observes, in this respect, that the proposed modification preserves the 50 per cent requirement contained in section 51 of the Railway Transport Act, which, as the Committee had previously pointed out, may considerably restrict the right of railway workers to undertake industrial action. The Committee had also recalled that since the establishment of a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, workers’ organizations should be able to participate in defining such a service, along with employers and public authorities. Noting the Government’s statement that the proposed text was still being discussed by the competent institutions, the Committee once again requests the Government to take the necessary measures so as to ensure that workers’ organizations may participate in negotiations on the definition and organization of a minimum service and that, where no agreement is possible, the matter will be referred to an independent body.

3. The Committee had previously referred to the provision of compensatory guarantees for workers in the energy, communications and health sectors, whose right to strike was denied under section 16(4) of the Collective Labour Disputes Settlement Act. In this respect, the Committee notes the Government’s statement that, by the amendment to the Collective Labour Disputes Settlement Act, SG No. 87/27.10.2006, the prohibition on strikes in these sectors has been repealed; workers in the energy, communications and health sectors now enjoy the right to strike. The Committee notes this information with interest and requests the Government to transmit a copy of SG No. 87/27.10.2006 repealing the ban on strikes with its next report.

4. With regard to the restricting of the exercise of the right to strike by civil servants, pursuant to section 47 of the Civil Servant Act, the Committee takes note of the Government’s indication that the Ministry of the State Administration and the Administrative Reform (MSAAR) maintains the position that the denial of the right to strike to civil servants is reasonable, as the interruption of their work would place the functioning of the State in danger and bear negative consequences for all sectors of public life. The Government adds that it was nevertheless considering possible legislative amendments to overcome the existing restrictions on the right to strike of civil servants, in accordance with its international obligations. The Committee notes this information and expresses the hope that the Government would take the necessary measures to amend section 47 of the Civil Servant Act, so as to effectively guarantee the right to strike to all civil servants who cannot be considered to be exercising authority in the name of the State. The Committee requests to be kept informed of the measures taken in this respect.