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

Article 2 of the Convention. Trade union rights of apprentices. In its previous comments, the Committee noted the Government’s indication that the former Labour Code made no express provision for the trade union rights of apprentices, and it asked it to envisage, as part of the process of the revision of the Labour Code, the inclusion of a provision expressly guaranteeing the trade union rights of apprentices. The Committee notes that the provisions of the new Labour Code of 2008 (sections 13–17) respecting apprentices do not expressly provide for their trade union rights. The Committee, recalling that the denial of the right to organize to workers undergoing a probationary period can raise problems of application regarding the Convention, requests the Government to indicate the manner in which the trade union rights of apprentices are guaranteed.

Right to organize of minors. The Committee notes that section 283 of the Labour Code provides that children of at least 16 years of age may join trade unions, unless there is opposition from the father, mother or guardian. The Committee recalls that this provision is not in conformity with Article 2 of the Convention, which establishes the right of all workers, without distinction whatsoever, to establish and join organizations of their own choosing. The Committee notes that the Government’s report does not provide any information on this subject. The Committee requests the Government to take the necessary steps to guarantee the right to organize of minors who have reached the statutory minimum age for admission to employment (16 years under the terms of section 152 of the Labour Code), whether as workers or as apprentices, without the need for authorization from a parent or a guardian.

Article 3. Right of organizations to carry out their activities freely and to formulate their programmes. Minimum service. In its previous comment, the Committee noted that, under section 384 of the Labour Code, in order to ensure a minimum service, the competent administrative authority may at any time proceed to requisition workers in private enterprises and services and in public establishments who carry out work that is indispensable for the safety of persons and goods, the maintenance of public order, the continuity of the public service or the satisfaction of the essential needs of the community. The Committee also noted that, under the terms of section 385 of the Labour Code, the list of jobs, the conditions and procedures for requisitioning workers, notification and means of publication are set out in regulations issued by the Ministry of Labour after consultation of the Labour Advisory Committee. In this respect, the Committee notes the Government’s indication of the adoption of the Order of 18 December 2009, section 3 of which lists the establishments which may be subject to requisitioning with a view to ensuring a minimum service in the event of a strike. The Committee observes that certain services mentioned in section 3 of the Order may not be considered as essential services or those requiring the maintenance of a minimum service in the case of a strike, particularly mining and quarrying services, public and private slaughterhouse facilities, schools and student dormitories, university centres, etc. The Committee recalls that the maintenance of minimum services in the event of a strike should be possible only: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (ii) in services which are not essential in the strict sense of the term, but in which a strike of a certain duration or extent could result in an acute national crisis threatening the normal living conditions of the population; and (iii) in public services of fundamental importance. Furthermore, the Committee considers that the requisitioning of workers in the event of a strike is to be avoided, except where essential services have to be maintained in particularly serious circumstances (see the 1994 General Survey, Freedom of association and collective bargaining, paragraph 163). The Committee therefore requests the Government to amend the list of establishments which may be subject to requisitioning with a view to ensuring a minimum service in the event of a strike, taking into account the principles referred to above.