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

The Committee notes the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code and wishes to draw the Government’s attention to certain provisions.

Sections 25 and 26 of the Labour Code. The Committee notes that, under the terms of section 25 of the Labour Code, the representative nature of a workers’ or employers’ organization is recognized by decision of the Minister responsible for labour, and that this decision may be appealed to the administrative tribunal. It further notes that the criteria of representativeness shall be determined by order of the Minister responsible for labour in accordance with section 26 of the Labour Code. The Government is requested to indicate whether these criteria of representativeness have been established and to provide any texts issued under sections 25 and 26 of the Labour Code.

Section 60 of the Labour Code. The Committee notes that, by virtue of this provision, the dismissal of workers due to their membership or non-membership of a union shall be considered, among other criteria, as not being a valid reason for dismissal. The Committee recalls that under the terms of the Convention, workers should also benefit from adequate protection against any acts prejudicial to them, including dismissal, which are motivated by their participation in trade union activities. The Government is requested to take the necessary measures to amend the legislation so as to ensure the protection of workers against any discriminatory measures, including dismissal, by reason of their participation in trade union activities.

Section 260 of the Labour Code. The Committee observes that, by virtue of this provision, in the event of persistent disagreement between the parties to collective bargaining on certain points in a collective dispute, the Minister responsible for labour may submit the matter to an arbitration board following the failure of conciliation. In this respect, the Committee wishes to draw the Government’s attention to the fact that section 260 of the Labour Code, which provides for arbitration imposed by the authorities without the parties to the conflict so requesting, is contrary to the principles of the autonomy of the parties and of free and voluntary bargaining established in the Convention. The Committee therefore requests the Government to take measures to amend the legislation so as to ensure that compulsory arbitration is only possible at the request of both parties to the dispute, or in the context of disputes relating to essential services in the strict sense of the term or, for public servants exercising authority in the name of the State.