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

The Committee recalls that it previously requested the Government to provide information on the application in practice of the trade union contracts provided for in sections 482 to 484 of the Labour Code and which had not been used until recently. The Committee recalls that these are contracts concluded by one or more unions of workers with one or more employers or employers’ organizations for the provision of services or the execution of a task by their members. The Committee observes that, in accordance with section 483, “the workers’ trade union that has concluded a trade union contract shall be liable both for the direct obligations arising out of the contract and for compliance with those established for its members, except in the event of mere suspension of the contract, as envisaged by the law or the agreement, and shall have the legal personality to exercise both the rights and the actions that correspond to it directly, as well as those that correspond to each of its members. For these purposes, each of the contracting parties shall constitute an adequate surety; otherwise, it shall be understood that the assets of each party shall cover the respective obligations”. The Committee notes Decree No. 657 of 3 March 2006 issuing regulations under the above sections. In this respect, the Committee once again requests the Government to provide information on the application in practice of trade union contracts (purpose, liabilities), specifying the number of such contracts concluded and providing copies of some contracts by way of example.