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

The Committee notes the Government’s report.

1. The Committee recalls that it had previously requested the Government to reply to the comments of the International Confederation of Free Trade Unions (ICFTU) alleging cases of intimidation, dismissal and ineffective legal protection in cases of unfair dismissal as well as the rarity of collective bargaining in practice.

The Committee notes the information provided by the Government on the legal protection and the relevant legislative provisions concerning anti-union discrimination and interference, as well as the provisions establishing penalties for violation of the labour law. The Committee further notes the Government’s indication that there were 1,238 collective agreements concluded at the enterprise level in 2007, and that collective agreements were concluded in agricultural and printed media sectors in 2006 and 2007, respectively.

2. Article 4 of the Convention. The Committee had previously requested the Government to ensure that the existence of elected representatives at the enterprise is not used to undermine the position of trade unions. The Committee notes the Government’s indication that according to sections 19 and 21 of the Labour Code and section 3 of the Law on Labour Councils, “the labour councils can be established in an enterprise only in cases where an enterprise has no functioning trade union and if the staff meeting has not transferred the function of employee representation and protection to the trade union of the appropriate sector of economic activity”.