Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2 of the Convention. Trade union rights of minors. The Committee noted previously that, under section 12 of the Labour Code (Act No. 2006-010 of 13 December 2006), minors aged over 16 years may join trade unions, subject to authorization from their father, mother or guardian. The Committee drew the Government’s attention to the fact that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations of their own choosing. The Committee is of the view that the Convention does not authorize any distinction based on the grounds of age, and that section 12 of the Labour Code is not in conformity with Article 2 of the Convention. Consequently, while noting the Government’s indication that the rule set out in the Labour Code consists of the freedom of membership by minors and the restrictions, which constitute exceptions, and are only intended to protect minors more effectively, the Committee requests the Government to take the necessary measures to ensure that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code), either as workers or apprentices, can exercise their trade union rights without the need for authorization from their parents or guardian. The Government is requested to indicate any progress achieved in this respect.

Article 3. Right to strike. The Committee noted previously that, under section 273 of the Labour Code, if a strike affects an essential service, the competent authority may requisition those workers in jobs that are vital to the safety of persons and goods. The Committee noted that the list of jobs so established is determined by a decree of the Council of Ministers and that, under section 274 of the Labour Code, the list of enterprises providing an essential service within the meaning of section 273 is established by a decree of the Council of Ministers. The Committee previously requested the Government to indicate whether the decrees provided for under sections 273 and 274 of the Labour Code had been adopted. The Committee notes the Government’s indication that the decrees have not yet been issued and that a consultant has been recruited to propose a first draft of all the texts to be issued under the Labour Code. The Committee requests the Government to provide copies of the above decrees once they have been adopted.

Furthermore, the Committee noted previously that, under section 275 of the Labour Code, during a strike, the parties are under the obligation to continue negotiations under the authority of a person appointed by the Minister of Labour. The Committee notes the Government’s indication that this provision establishes, as an exception to this requirement, cases in which the parties agree to have recourse to a mediator. The Committee wishes to draw the Government’s attention to the fact that such a provision, which establishes the obligation to hold negotiations with the involvement of the labour authority in cases where the parties do not opt for mediation, might infringe upon the right of trade union organizations to organize their activities, in accordance with Article 3 of the Convention, and to formulate their programmes without interference from the public authorities. The Committee considers that it is preferable to gain and maintain the confidence of the parties to a dispute, to permit them to choose voluntary mediation or arbitration procedures with a view to a settlement. The Committee therefore requests the Government to amend section 275 of the Labour Code so as to ensure that, during a strike and with a view to settling the dispute, only by common agreement may the parties have recourse to mediation or arbitration procedures, through an independent body which enjoys their confidence and without the intervention of the public authorities.