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

The Committee notes the Government’s report. It further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, referring to the issues concerning employers’ interference in the internal trade union affairs and anti-union discrimination and the Government’s reply thereon. The Committee requests the Government to send its comments in reply to these observations.

The Committee recalls that its previous comments concerned the right to collective bargaining of prison service workers. In particular, the Committee requested the Government to provide a copy of the Prisons Administration Law and to describe the dispute settlement mechanism prison service workers could avail themselves of and to introduce in the legislation clear provisions granting them the right to collective bargaining. The Committee notes that the Constitution provides for the right of workers to conclude collective agreements. The Committee also notes the Prisons Administration Law and the Government’s explanation to the effect that the rights and interests linked to or arising from collective labour agreements are settled by the conciliation commission, pursuant to section 25(1) of the Labour Code. If the conciliation commission does not reach an agreement in the legal dispute, the dispute may be settled by the court or arbitration, pursuant to the procedure provided for by the Law on Civil Proceedings or, in the case of arbitration, pursuant to the regulation concerning the court of arbitration. In cases of collective disputes of interest, it is also possible to settle the dispute through mediation.

In its previous observation, the Committee noted the Government’s intention to update some regulatory acts concerning certain public institutions with regard to the issues relating to collective bargaining and requested the Government to provide information on developments in this regard. The Committee notes the Government’s indication that no new regulations have been adopted. The Committee requests the Government to indicate any new legislation affecting collective bargaining rights.