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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 referring to the issues raised by the Committee below.

In its previous comments, the Committee had noted that, under section 3 of the Act on trade unions of 13 December 1990, trade unions must have at least 50 members or represent at least one quarter of the workforce in an enterprise in order to be registered, and recalled that this requirement was too high. The Committee notes the Government’s explanation to the effect that this requirement is not cumulative and that in enterprises employing less than 50 persons, only one quarter of workers is required to establish a union. The Government further indicates that freedom of association, including the right to establish trade unions, is recognized as one of the fundamental human rights. However, pursuant to the Constitution, this freedom may be restricted in order to protect the rights of other people, the democratic structure of the State, public safety, welfare and morals. Taking into account that freedom of association is traditionally associated with the establishment of independent organizations, the Government is of the opinion that the threshold required for the establishment of trade unions should be set so as to ensure the effectiveness of the operation of trade unions in practice. The Government nevertheless acknowledges the need for further discussions with a view to lowering this minimum requirement. The Committee considers that, while the 50 persons requirement would be permissible for industrial trade unions, it is too high and likely to create an obstacle to the establishment of trade unions at the enterprise level. Likewise, the one quarter requirement may also hinder the establishment of enterprise and industrial organizations. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend section 3 of the Act on trade unions so as to reduce the minimum membership requirement and to indicate the measures taken or envisaged in this respect.