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

The Committee recalls that in its previous observation it noted that, according to section 69(4) of the Law on Civil Service of 18 December 1998, civil servants were not allowed to perform functions within trade unions. The Committee requested the Government to clarify the manner in which public employees in the civil service corps who do not have policy-making, managerial or confidential functions (Article 1(2) of the Convention) were guaranteed the right to establish and join organizations for the purpose of furthering and defending their interests and, in particular, to indicate whether section 69(4) of the Law on Civil Service prevented public employees from running for office in their organizations and, in this case, to specify which category of public employees may perform functions in the organizations in question.

The Committee takes note of the Government’s indication concerning the adoption of the Act of 21 November 2008 on Civil Service. The Committee further notes that article 78 of the Act provides for the obligations of civil servants, and notes, in particular, that article 78(6) establishes that only civil service corps members in senior positions in the civil service cannot perform functions within trade unions. The Committee notes the Government’s indication that, with respect to the other provisions of the Convention, civil service corps members are subject to universally binding provisions of labour law (article 9 of the Act on Civil Service). The Committee understands that all civil servants are granted the right to establish or join a trade union but access to trade union office is forbidden to those civil servants in senior positions in the civil service.

The Committee recalls that in its previous observation it further requested the Government to indicate: (1) the provisions which would afford to public employees and their organizations protection against acts of discrimination or interference in accordance with Articles 4 and 5 of the Convention; (2) the facilities granted to representatives of recognized public employees’ organizations in accordance with Article 6; (3) the measures taken or contemplated to encourage the development of machinery for negotiation of terms and conditions of employment between the public authorities and public employees’ organizations or of such other methods as will allow representatives of public employees to participate in the determination of these matters in accordance with Article 7; (4) whether impartial machinery such as mediation, conciliation and arbitration has been established for the settlement of disputes arising in connection with the determination of terms and conditions of employment of public employees (Article 8).

The Committee notes that according to the Government’s indications: (1) an intense social dialogue between the Chancellery of the Prime Minister and the representative civil servant trade unions has been taking place with the aim of creating socially acceptable legal regulations and solving the current problems in the civil service corps; (2) discussions are also held with other unions active in the sector to obtain a comprehensive picture of the needs and expectations of the civil servants corps; (3) by Resolution No. 34 of 16 February 2009, an ad hoc team for local government and civil service employees was appointed within the Tripartite Commission for Social and Economic Affairs. This team is composed of employees and employers’ organizations, as well as by national and local governments. Its task consists of finding and agreeing on solutions concerning local government employees and civil servants with respect to remuneration, guidelines on competence assessment, job evaluation, specific provisions of labour law and funds for their functioning. The Government indicates that so far four meetings of the team have taken place. The Committee takes due note of this information. The Committee requests the Government to indicate whether, within the framework of this ad hoc team for local government and civil service employees, it is possible to establish facilities for civil service trade union representatives or elected representatives. The Committee also requests the Government to indicate whether impartial machinery such as mediation, conciliation and arbitration has been established for the settlement of disputes arising in connection with the determination of terms and conditions of employment of public employees.