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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which refers to the matters already raised by the Committee. The Committee requests the Government to provide its observations thereon.

The Committee recalls that for a number of years it had been raising the issue of the prohibition of the right to strike in the public service (section 21(1) of the Collective Labour Dispute Resolution Act). In this respect, the Committee takes note of the conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 2543 concerning the same issue.

The Committee notes the Government’s indication that while there have been no amendments to the current legislation, the Ministry of Justice has prepared a concept of modernization of public service, which provides a new and narrower definition of the term “public servant” to include only those employees who exercise authority on behalf of the State. The Committee notes this information and requests the Government to inform it of the progress achieved in respect of the adoption of legislative provisions ensuring that public servants, who do not exercise authority in the name of the State, enjoy the right to strike.

The Committee, once again, requests the Government to provide the list of services where the right to strike will be restricted, as referred to in section 21(3) and (4) of the Collective Labour Dispute Resolution Act.