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

The Committee notes the observations of the International Trade Union Confederation (ITUC) dated 24 August 2010 referring once again to acts of anti-union discrimination in the export processing zones and the consistent violation of collective agreements. Pointing out that similar observations have already been brought to its attention and noting that the Government provides no information in reply, the Committee once again requests the Government to send its observations on these matters and to ensure that the provisions of the Convention are applied in this sector.

Articles 1 and 2 of the Convention. Protection from anti-union discrimination and interference. In its previous comments, the Committee asked the Government for information on the number of complaints filed against acts of anti-union discrimination and interference, and on the amount of the fines incurred so that it could assess whether the prescribed penalties (from five to ten minimum wages, which may be doubled in the event of a repeat offence) are dissuasive enough in practice. The Committee notes the information sent by the Government that workers are protected against anti-union discrimination and interference under sections 137 (freedom of association), 138 (principle of autonomy and independence), and 142 (protection of freedom of association) of the Labour Code (Act No. 23/2007). It notes that the Government provides no information on the number of complaints lodged against acts of anti-union discrimination and interference or the amount of the fines incurred. The Committee therefore once again requests the Government in its next report to provide detailed information on the number of complaints received for acts of anti-union discrimination and interference and the amount of the fines incurred, including in export processing zones, which, according to the ITUC, are the areas most subject to anti-union discrimination and interference.

Article 4. Compulsory arbitration. In its previous comments, the Committee asked the Government to amend section 205 of the Labour Code in which the list of essential services (sectors in which compulsory arbitration may be imposed on parties to collective bargaining) includes postal services, the petroleum sector, meteorological services and the loading and unloading of cattle and perishable goods. The Committee notes that, in response, the Government merely indicates that as regards the prevention of collective labour disputes, there were 2,271 conciliations in 2009, of which 1,285 were collective and 986 were individual (i.e. an increase of 105 per cent over 2008). The Committee once again recalls that compulsory arbitration may be imposed only on public servants exercising authority in the name of the State or workers in essential services in the strict sense of the term, that is services the interruption of which would endanger the safety or health of the whole or part of the population. The Committee is of the view that the services referred to are not essential services; consequently, a dispute in these services should not be subject to compulsory arbitration, but settled by conciliation and mediation. The Committee therefore requests the Government once again to amend section 205 of the Labour Code in accordance with the abovementioned principle.

Article 6. Collective bargaining in the public sector. The Committee notes the adoption of Act No. 14/2009 of 17 March 2009 issuing the General Public and Civil Service Regulations (EGFAE). It notes that section 76, on freedom of association, provides that “the establishment, merger, federation and dissolution of unions and occupational associations of the public service, and the guarantees of independence and autonomy vis-à-vis the State, political parties, churches and religious denominations, shall be regulated by law so as to promote occupational stability and the settlement of disputes between the State and public and civil servants”. The Committee requests the Government to indicate whether the law to regulate specifically the freedom of association of public servants (mentioned in section 76 of Act No. 14/2009) has been adopted and, if so, to provide a copy so that the Committee can ascertain that public servants who are not engaged in the administration of the State enjoy the guarantees laid down in the Convention, including the right to collective bargaining.

Collective bargaining in practice. The Committee requested the Government to continue to promote free and voluntary collective bargaining and to indicate all measures taken to that end. It notes in this connection the information that: (1) 416 enterprises employing 9,481 workers were visited (an increase of 235 per cent over 2008) in order to alert the social partners to the importance of concluding collective agreements; (2) lectures were organized in 315 enterprises employing 9,224 workers to inform them of the legislation applying to collective bargaining among other subjects; (3) measures were taken in support of collective bargaining procedures in enterprises; and (4) 71 collective agreements were registered (a drop of 18.4 per cent as compared to 2008). The Committee requests the Government to provide information on any measures taken to promote free and voluntary collective bargaining and of any collective agreements concluded, indicating the sector concerned and the approximate number of workers covered.