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

Article 2 of the Convention. Facilities to enable workers’ representatives to carry out their functions promptly and efficiently. The Committee recalls that its previous comments on the application by Niger of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), were particularly concerned with section 175, second paragraph, of the Labour Code, which prohibits employers from deducting trade unions dues from the wages of their employees and from paying the dues in their stead. The Government indicated that the objective of this provision, as specified in the first paragraph, is to prevent heads of enterprises or their representatives from exerting any pressure either in favour of or against any trade union. However, the Committee recalled that the deduction of trade union dues from the wages of workers is a matter which should be dealt with through collective bargaining and asked the Government once again to take the necessary steps to amend section 175, second paragraph, of the Labour Code so as to allow the parties to collective bargaining to determine, if they so wish, the arrangements for the deduction of trade union dues. The Committee notes that the Government, in its report on Convention No. 98, repeats that the objective of this provision is to enable workers to pay their union dues in full freedom and that it has not resulted in restrictions on the deduction of union dues. It explains that the current practice is to collect dues on pay day at the workplace. Finally, the Government explains that it does not see any problem with providing for a procedure for the collection of union dues, within the enterprise, on the basis of collective agreements. The Committee observes that the introduction of a procedure for the collection of trade union dues with a prohibition on the employer to deduct union dues runs the risk of making any provision for this procedure through collective bargaining practically impossible. The Committee therefore requests the Government to reflect its position in the legislation by amending section 175 of the Labour Code in such a way that the employer and trade unions can determine a procedure for the deduction of trade union dues through collective bargaining. The Committee requests the Government to report on any progress made in this respect.