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

The Committee takes note of the comments by the International Trade Union Confederation (ITUC) on the application of the Convention.

The Committee recalls that for several years it has been asking the Government:

–      to amend sections 20 and 28 of Act No. 20-A/92d on the right to collective bargaining which provide that collective labour disputes in public utility enterprises may be settled through compulsory arbitration by the Ministry of Labour, Public Administration and Social Security after the parties have been heard. The Committee noted that the list of public utility activities (section 1.3) is much broader than the concept of essential services in the strict sense of the term (namely, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population). While noting that the Government once again indicates that the bills to amend Act No. 20-A/92 on collective bargaining, Act No. 21‑C/92 on trade unions and Act No. 23/91 on strikes have been submitted to the competent authorities for approval and that, during this process it will be possible for sections 20 and 28 of Act No. 20‑A/92 to be revised, the Committee expresses the firm hope that these bills will shortly be approved by the National Assembly and that they will be fully consistent with the Convention so that compulsory arbitration may be imposed only in cases involving essential services in the strict sense of the term. The Committee reminds the Government that it may seek technical assistance from the Office;

–      to indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. In its comments, the ITUC asserts that collective bargaining is prohibited in the public service. The Committee also asked the Government to specify which public services are not organized in the form of an establishment whose employees are excluded from the scope of Act No. 20-A/92 by virtue of section 2 of the Act. The Committee notes with regret that the Government’s reply contains no information on the matter. The Committee recalls that according to Article 4 of the Convention, all public servants other than those engaged in the administration of the State should enjoy the right to collective bargaining, and again asks the Government to send its observations and, where this has not been done, provide its workers with the rights and safeguards laid down in the Convention. It also asks the Government to send information on the collective negotiation of the wages of public servants who are not engaged in the administration of the State.