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

Comments by the ITUC. The Committee notes the Government’s reply to the comments made in 2007 by the International Trade Union Confederation (ITUC) on the application of the Convention. These comments related to legislative issues concerning the dispute settlement machinery and acts of discrimination and interference in certain enterprises which have not been penalized. Furthermore, according to the ITUC, the labour inspectorate is unable to operate and the judicial system is dysfunctional. The Government indicates in its reply that the labour inspectorate is not incapable of operating, even though it is not functioning at full efficiency, and that the judicial system has been under reform since 2006 and is now in operation as a result of the restoration of courts throughout the country. The Committee requests the Government to provide additional information in this regard, including the number of complaints of violations of trade union rights to the labour inspectorate and the courts, the average duration of the investigation of cases and the outcomes of legal proceedings.

With regard to the ITUC’s comments that workers in rural areas and the informal economy, self-employed workers and domestic workers are not covered by the Labour Code and have no trade union rights, the Government indicates in its report that all workers in the sectors referred to benefit in practice from trade union rights and provides certain examples of representative organizations in these sectors which have sought the registration of their by-laws with the authorities. The Committee requests the Government to provide information in future reports on the number of collective agreements in the sectors referred to and their coverage.

The Committee also notes the ITUC’s communication dated 29 August 2008. The issues raised therein will be considered during its next examination of the application of the Convention.

Articles 1, 2 and 4 of the Convention. In its previous comments, the Committee requested the Government to indicate any developments concerning: (i) the adoption of a specific provision establishing protection against anti-union discrimination in hiring practices; (ii) the adoption of provisions affording in general adequate protection for workers against acts of anti-union discrimination, accompanied by effective and expeditious procedures and sufficiently dissuasive sanctions; and (iii) the revision of section 34 of the Decree of 4 November 1983 empowering the Social Organizations Branch of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements. In its report, the Government indicates that the requested amendments to the legislation have not yet been adopted, but specifies that the Ministry of Social Affairs and Labour intervenes to settle any dispute when so requested by trade union organizations. The Government adds that the intervention of the authorities in the formulation of collective agreements is confined to verifying their conformity with legal provisions and does not therefore constitute interference. While noting the persistence of the difficulties confronting the country, the Committee trusts that the Government will soon report progress in the adoption of legislative measures to bring the national legislation into full conformity with the Convention.