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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which are being translated and will be examined in the framework of the next reporting cycle.

1. Article 4 of the Convention. The Committee recalls that it had previously requested the Government to confirm that collective bargaining was possible in the framework of essential services and to provide examples of collective agreements concluded in such services. The Committee notes the examples of collective agreements concluded in the water and sewage services mentioned in the Government’s report.

2. Articles 1, 2, 3 and 4. The Committee had previously noted that a labour law review was on the agenda of the tripartite Consultative Labour Council. The Committee notes the comments made by the Federation of Free Trade Unions of Zambia (FFTUZ) in a communication dated 16 June 2008, alleging that the new draft amendments to the Industrial and Labour Relations Act (ILRA) (Bill No. 6 of 2008) contain provisions, which, if adopted, would violate workers’ rights under the Convention and which were drafted without any consultation with the social partners. The Committee raises the following points in this respect:

–      Section 78(1)(a) and (c) and (4) of the ILRA, as amended, would allow, in certain cases, either party to refer the dispute to a court or arbitration. The Committee recalls that arbitration imposed by the legislation, or at the request of one party in the services which are neither essential in the strict sense of term, nor involving civil servants exercising authority in the name of the State, is contrary to the principle of the voluntary negotiation of collective agreements. The Committee therefore requests the Government to give consideration to redrafting the above provisions so as to ensure that arbitration in services other than those mentioned above, can take place only at the request of both parties involved in the dispute.

–      Section 85(3) of the ILRA would be amended so as to provide that the Court shall dispose of the matter before it (including disputes between an employer and an employee, as well as the matters affecting trade unions and collective bargaining rights) within a period of one year from the day on which the complaint or application is presented to it. The Committee understands that, under section 85, the Court has jurisdiction over the complaints of anti-union discrimination and trade union interference and recalls that when allegations of violation of trade union rights are concerned, both the administrative bodies and the competent judges should be empowered to give a ruling rapidly. The Committee therefore requests the Government to consider shortening the maximum period within which a court should consider the matter and issue its ruling thereon.

The Committee emphasizes the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights. The Committee hopes that the envisaged amendments will be adopted in the near future following full and frank consultations with the social partners. It requests the Government to provide information in its next report on any progress achieved in this respect and hopes that the amendments to the Act will be in full conformity with the provisions of the Convention and its comments above.