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

The Committee notes the Government’s report. The Committee recalls that it had previously requested the Government to provide its observations on the comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation), dated 10 August 2006, referring to issues of the distribution of trade union assets and to obstacles to the exercise of trade union rights by organizations in the commercial sector. The Committee notes the Government’s statement that, for the division of trade union assets to be addressed, it is first necessary to establish the exact criteria for determining the representativeness of trade unions. The criteria for determining representativeness of trade unions and their participation in the Economic and Social Council (ESC) is currently established by the Act on the Method of Determining the Representation of Trade Union Associations of a Higher Level in Tripartite Bodies at the National Level of 1999. Currently, only six out of 24 higher level associations meet the criteria of representativeness. Furthermore, the ESC is yet to decide how to determine the number of representatives of any given trade union who should participate in negotiations. The Coordinating Body of Trade Union Confederations has gathered a working group to draw a proposal for the Trade Union Representativity Act. The Committee recalls that it has been commenting on the issue of the distribution of trade union assets since 1996 and regrets that no significant progress has been made to date in this regard. Recalling that the transmission of trade union assets is an extremely serious issue for the viability and free functioning of trade unions, the Committee once again urges the Government to determine the criteria for the division of assets in consultation with workers’ organizations and to fix a specific time frame for completing the division of the property. The Committee requests the Government to keep it informed in this respect.

The Committee notes the comments on the application of the Convention submitted by the International Trade Union Confederation (ITUC) in a communication dated 28 August 2007, which concern obstacles to the deduction of trade union dues, sanctions against strikers in the power, chemistry and non-metal sectors. The Committee requests the Government to provide its observations thereon, as well as on the ICFTU’s previous allegation of obstacles to the exercise of trade union rights by organizations in the commercial sector.