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 concerning issues already raised by the Committee, and the Government’s reply thereon.

The Committee notes that the Government indicates in its report that, within the process of harmonization of its labour legislation with that of the European Union, and in accordance with the recommendations of the International Labour Organization, it has made significant changes and amendments to the Law on Labour Relations. The Committee welcomes the laws changing and amending the Law on Labour Relations (Official Gazette, No. 106/2008 and No. 130/2009). More particularly, the Committee notes with satisfaction that:

–      Section 236(5) of the Labour Relations Act which provided that workers had to specify the duration of a strike has been repealed by article 23 of the Law changing and amending the Labour Relations Act (No. 106/2008) and that no provision requires the workers and their organizations to specify the duration of the strike.

–      Section 201(2) of the Labour Relations Act which stated that a trade union or an employers’ association shall terminate its activities if, without any important and justified reasons, it did not hold a meeting of its highest executive body for a period exceeding twice the period provided for in its statutes has been amended by the law changing and amending the Labour Relations Act (No. 130/2009) and now provides that the trade union or employers’ associations shall cease to operate only if such is decided by the competent body of the trade union or employers’ association, which by statute is authorized to decide on the termination of operation of the trade union or employers’ association.

–      Section 194, paragraph 4, which provided that if a trade union or an employer’s association ceases its activity, its property may not be divided among its members has been repealed by the law changing and amending the Labour Relations Act, No. 130/2009.

The Committee is raising other points in a request addressed directly to the Government.