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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the comments from the International Trade Union Confederation (ITUC) on the application of the Convention. The Committee requests the Government to provide its observations on the ITUC comments, dated 26 August 2009 and 24 August 2010.

The Committee recalls that in its previous comments it requested the Government to amend the legislation on the minimum service organized by the employer to be maintained in the public service that is indispensable for safeguarding the general interest (section 248-15 of the Labour Code), in order to limit the minimum service to operations which are strictly necessary to meet the basic needs of the population, within the framework of a negotiated minimum service. In this regard, the Committee noted that the Government had indicated that section 248-15 had indeed been amended but that it was not in a position to produce the copy of the text amending the provisions of the said section. The Committee recalls that, since the definition of a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 161). The Committee again expresses the hope that the text amending section 248-15 of the Labour Code takes account of these principles and requests the Government to send a copy of the text as soon as possible.

The Committee requests the Government to send a copy of the draft revised Labour Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.