Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with interest the Government’s first detailed report on the manner in which effect is given to the Convention in law, as well as the documentation provided subsequently at the Committee’s request.

Legislation. Among the legislation and regulations referred to by the Government, an indication is only given for many of them of the initial date, accompanied by the reference “as amended”, without any further indication of the date on which they were last amended. The Committee would be grateful if the Government would provide these details concerning the texts mentioned above so that it can examine them in their current form, and if it would provide copies of those amended in recent years.

Article 2 of the Convention. Non-governmental organizations entrusted with labour administration activities. The Committee notes that the Government is represented in all of the bodies referred to and described in the report as composing the labour administration system. However, it emphasizes that this Article of the Convention offers the possibility of entrusting labour administration activities to non-governmental organizations. By way of illustration, the Committee refers in this respect in its General Survey of 1998 on labour administration (footnote to paragraph 43) to the case of countries which have entrusted workers’ organizations with the management of schemes covering industrial accidents and occupational diseases, as well as unemployment benefits. The Committee would be grateful if the Government would indicate, where appropriate, the non-governmental organizations, and particularly the employers’ and workers’ organizations, to which the management of activities has been entrusted that are traditionally exercised by public labour administration institutions.

Article 3. Labour administration issues regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Government indicates that, in accordance with the Law on collective labour contracts given effect by Decree No. 17386 of 2 September 1964, conditions of work are regulated by direct collective bargaining between employers and their organizations, on the one hand, and workers’ organizations, on the other. The Committee would be grateful if the Government would provide a copy of one or more collective labour contracts that are in force in a branch of activity or an enterprise and requests it to indicate in any case the manner in which the supervision of collective contracts is ensured and provide practical examples of the exercise of this supervision and its results.

Articles 4 and 5. Coordination of the duties and functions of the labour administration system. The Committee requests the Government to provide an organizational chart of the labour administration system providing an overview of its operation, not only at the central level, but also at the regional and local levels.

Article 5. Tripartite consultation, cooperation and negotiation within the labour administration system. The Committee notes with interest the existence of a large number of consultative bodies at the national level in which the public authorities, employers and workers, as well as other actors involved in the labour administration system, are represented. The Committee would be grateful if the Government would provide copies of the texts determining the organization and operation of the above bodies, as well as copies of reports or extracts of reports on their work and if it would indicate the action taken as a result of the views expressed by these bodies on matters relating to labour administration. The Government is also requested to specify whether measures have been taken to secure tripartite consultation, cooperation and negotiation at the regional and local levels, and at the level of the various economic sectors, and to provide a copy of any relevant text.

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not employed persons in relation to their conditions of work and working life. The Committee notes that it is envisaged to introduce into the draft revision of the Labour Code, prepared by a tripartite committee in accordance with the decision of the Minister of Labour No. 210/1 of 21 December 2000, a provision establishing that the situation of certain categories that are excluded from the scope of application of the present Labour Code, including workers engaged in family establishments, will be regulated by decree of the Council of Ministers. The Government is requested to provide information on any development in this respect, and in any event to indicate the progress made with the draft revision of the Labour Code and to provide the Office with a copy of the wording of the envisaged provision.

Article 10. Composition, status, conditions of service and material means and financial resources of the staff of the labour administration. The Committee takes due note of the information of a general nature provided by the Government on these issues. The Committee would be grateful if the Government would provide additional information on the distribution of the staff of the labour administration between the various structures, making a distinction between managerial and technical staff and those engaged in general services, as well as information on the proportion of the national budget allocated to the operation of the labour administration system.

Part III of the report from. According to the Government, no court decisions have been handed down concerning questions of principle relating to the application of the Convention. The Committee nevertheless hopes that the Government will be in a position to provide information in this respect in its next report, such as extracts of the decisions handed down by administrative, labour, criminal or civil courts relating to the settlement of individual or collective labour disputes, and on the prosecutions initiated or recommended by the labour inspectorate, and of issues relating to the status and conditions of service of the staff of the labour administration system.

Part IV of the report form. Communication of extracts from the annual report on the activities of the Ministry of Labour for 2006. Noting that, contrary to the Government’s indication, these documents have not been received by the ILO, the Committee would be grateful if the Government would provide copies of them, as well as extracts from subsequent reports.

Part V of the report form. ILO technical assistance and cooperation. The Committee notes with interest that agencies of the Ministry of Labour and the National Social Security Fund have benefited from ILO seminars and training programmes. The Government also announces the establishment of technical cooperation programmes in various fields, particularly with a view to job creation and the reduction of unemployment. The Committee would be grateful if the Government would provide information in its next report on the impact of these technical cooperation programmes in practice.