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

The Committee notes that the Government’s report has not been received. It notes that, in a communication of 31 August 2007, the Conféderation générale du travail–Force ouvrière (CGT–FO) indicates that the Act respecting social dialogue and continuity of the public service in scheduled land passenger transport of 21 August 2007 (Act No. 2007-1224) is not in conformity with the Convention.

The Committee notes that, by virtue of section 5 of this Act, transport enterprises, the employer and the representative trade unions shall engage in bargaining with a view to the conclusion, before 1 January 2008, of a collective agreement on the service to be envisaged in the event of the disturbance of traffic or a strike. This provision also establishes that, in the absence of an applicable agreement as of 1 January 2008, a plan of the envisaged services shall be determined by the employer. In this respect, the Committee recalls that the determination of a negotiated minimum service should be limited to the operations that are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, as it restricts one of the essential means of pressure available to workers to defend their economic and social interests. The Committee emphasizes that workers’ organizations should be able, if they so wish, to participate in defining the minimum service, along with employers and the public authorities. The Committee also recalls that, in the event of disagreement, the parties might also envisage the establishment of a joint or independent body (or recourse to a judicial body by the mutual consent of parties) responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 161). The Committee therefore requests the Government to take the necessary measures to amend section 5 of Act No. 2007‑1224 taking into account the principles relating to the determination of a negotiated minimum service referred to above as well as to provide for a reasonable period of time for the negotiation of a minimum service.

The Committee requests the Government to transmits its replies to the observations of the CGT–FO.

The Committee is addressing a request on other issues directly to the Government.