Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Articles 4 and 6 of the Convention. Right to collective bargaining of public employees not engaged in the administration of the State. For several years the Committee has been asking the Government to take the necessary steps to:

• – ensure that the trade union organizations of public servants who are not engaged in the administration of the State have, under the new Constitution adopted in 2010, the right to negotiate with their public employers regarding terms and conditions of employment as well as wages;
• – amend sections 20 and 28 of Collective Bargaining Act No. 20-A/92 so that compulsory arbitration may only be imposed for essential services in the strict sense of the term (namely, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

The Committee again notes the Government’s indication that Collective Bargaining Act No. 20-A/92, Trade Union Act No. 21-C/92 and Act No. 23/91 are being revised and that the draft amended versions will be sent to the Office once they are the subject of public discussion. While reminding the Government of the possibility of availing itself of technical assistance from the Office in the process of legislative reform, the Committee hopes that the Government will take account of all the comments made in order to bring the legislation fully into line with the Convention and requests it to provide information on any developments in this respect.