Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Article 3 of the Convention. Right of organizations to freely elect representatives, organize activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to take the necessary measures, in consultation with the social partners and, if it so wishes, with the technical assistance of the Office, to amend the various provisions of Act No. 4/92 and Act No. 4-2002, which relate to certain obstacles concerning the exercise of the right to strike, with a view to bringing them into conformity with the Convention. The Committee recalls that in relation to Act No. 4/92 these obstacles are: (i) the majority required for calling a strike is too high (section 4); (ii) with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (section 10(4)); and (iii) compulsory arbitration for services which are not essential in the strict sense, such as postal, banking and loan services (section 11). Regarding Act No. 4-2002, the Committee recalls that it allows requisition of workers in cases of strikes in non-essential services while the requisition of workers should only be possible in the essential services in the strict sense of the term. The Committee notes the Government’s indication that in the near future there may be an amendment to the above-mentioned legislation, for which it will seek support from the Office. The Committee reiterates its previous request and trusts that the Government will take all necessary measures to amend the abovementioned legislative provisions so as to bring the legislation into line with the Convention and to indicate any measures adopted in this respect.