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

The Committee notes the adoption of Act No. 133/AN/05/5thL of 28 January 2006 issuing the Labour Code.

1. The Committee notes that, by virtue of section 184 of the Labour Code, a trade union organization may express opposition to an arbitration award, thereby depriving it of its binding force. It notes that under section 190 of the Labour Code, a strike is unlawful, in the event of arbitration, until the arbitration award has acquired binding force. This being the case, the Committee requests the Government to specify whether a strike called following opposition to an arbitration award is lawful within the meaning of section 190 of the Labour Code.

2. The Committee requests the Government to indicate the means of recourse envisaged in the event of a refusal by the minister responsible for labour to issue a receipt or in the event of an application for dissolution made by the Attorney-General of the Republic under section 215 of the Labour Code. In this respect, the Committee recalls that trade unions should have the right to appeal to independent courts against any administrative decision regarding their registration (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 77). If such a right of appeal is not established in national law, the Committee requests the Government to make the necessary provision and to provide information on the measures adopted in this respect.

3. The Committee notes that, under the terms of section 212 of the Labour Code, minors over 16 years of age may become members of unions, unless their father, mother or guardian opposes membership. In this respect, the Committee recalls that the Convention guarantees that all workers, without distinction whatsoever, shall have the right to establish and to join organizations, and that the Government has undertaken to give effect to this provision. The Committee considers that no distinction based on age is authorized by the Convention (see General Survey, op. cit., paragraph 64). The Committee therefore requests the Government to take the necessary measures to amend section 212 of the Labour Code so as to raise any obstacle to the exercise of trade union rights by minors who have access to the labour market.