Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010, which primarily concern the matters already raised by the Committee and also refer to the reluctance of multinational companies to conclude collective agreements in their subsidiaries, as well as to the misuse of the Law on Remuneration of Officials and Employees of State and Local Government Authorities by undertakings to avoid the implementation of collective agreements. The Committee requests the Government to provide its observations thereon.

Articles 4 and 6 of the Convention. Right of public servants not engaged in the administration of the State to bargain collectively. The Committee takes due note of the information provided by the Government on a number of legislative changes and other measures aimed at promoting collective bargaining. The Committee notes that the Law of 1 December 2009 on Amendments of Labour Law provides that the Labour Law is not applicable to those employees of State and government institutions, for which remuneration and the other issues related thereto, are regulated by the Law on Remuneration of Officials and Employees of State and Local Government Authorities.

The Committee notes that, according to the ITUC, the Latvian Free Trade Union Federation (LBAS) and the Employers’ Confederation (ECL), the Law on Remuneration of Officials and Employees of State and Local Government Authorities imposes excessive restrictions on the right to collective bargaining. The Committee also notes that the Government’s indication that, pursuant to the social partners’ request to expand the scope of collective bargaining, the Government is currently working, in cooperation with the social partners, on the proposals to amend the Law.

The Committee recalls that while Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages. The Committee also recalls that a distinction should be drawn between, on the one hand, public servants who by their functions are directly engaged in the administration of the State (for example, civil servants employed in government ministries and other comparable bodies, as well as ancillary staff), who may be excluded from the scope of the Convention and, on the other, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 200 and 262). The Committee recalls in this connection that the only exceptions that may be allowed to the guarantees laid down in the Convention concern the armed forces, the police and public servants engaged in the administration of the State (Articles 5 and 6). The Committee requests the Government to provide information in its next report on the results of negotiation with the social partners mentioned above, in particular as regards the introduction of legislative measures to ensure better application of the right to collective bargaining of the public servants not engaged in the administration of the State. The Committee hopes that the ongoing tripartite work will serve to find solutions in full conformity with Article 6 of the Convention.