Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee notes the observations received on 1 September 2014 from the International Trade Union Confederation (ITUC), as well as the corresponding reply of the Government. The Committee also notes the observations received on 10 June 2011 from the National Trade Union Confederation (CNS “Cartel Alfa”) and the Block of National Trade Unions (BSN), as well as the Government’s comments thereon.

Article 1 of the Convention. Application of the Convention in the public service. In its previous comments, the Committee requested the Government to: (i) clarify whether certain categories of personnel who are excluded from the Act No. 188 of 1999 on the status of public servants as amended (Act 188/1999) under its section 6 (personnel not exercising public authority prerogatives; salaried personnel recruited to the dignitary’s cabinet; teachers) benefit from the right to collective bargaining as established by the Convention; and (ii) to indicate any developments in regard to the extension of collective bargaining and the adoption of an Act on the salaried employment of budgetary institution personnel contemplated by the Government. The Committee duly notes from the information provided by the Government that: (i) persons employed in the public administration who are not considered to be public servants and are excluded from Act 188/1999 through its section 6, are – with the exception of the army, the judiciary and public dignitaries – covered by labour law, which guarantees the right to freedom of association and collective bargaining, and by the favourable provisions of any applicable specific legislation (for example, Act on the status of teaching personnel); (ii) the provisions of collective agreements for public servants that are concluded in ministries or in institutions of the public central or local administration are applicable erga omnes; and (iii) while the Government has encouraged the debate on the extension of collective bargaining, the social partners determine, according to their interests, the sectors of economic activity for the purposes of collective bargaining in accordance with the relevant procedure.Taking into account the Government’s statement under (i), the Committee asks the Government to indicate whether salaried personnel recruited by the judiciary enjoy the right to collective bargaining.

Article 2. Content of collective bargaining in the public sector. Having previously noted the restrictive list of subject matters for collective bargaining in section 61 of Act 188/1999 and section 1(1) of Act No. 130 of 1996 on collective labour agreements (Act 130/1996), the Committee had requested the Government to take measures to ensure the gradual extension of collective bargaining in the public sector to all matters covered by Article 2of the Convention. The Committee notes the adoption of Act No. 62 of 2011 concerning social dialogue (Social Dialogue Act), which abrogates Act 130/1996. It also notes the Government’s indication with regard to collective bargaining in the public sector that the matters covered by Article 2are subject to collective bargaining in accordance with sections 1(iii) and 138 of the Social Dialogue Act, read in conjunction with the provisions of Order No. 833 of 2007 concerning collective agreements of public servants (Order 833/2007) and of the Labour Code, which grant additional protection to the guarantees offered by specific legislation (Act 188/1999, Act on the status of teaching personnel, etc.). The Committee observes that, according to the Government, the matters covered by Article 2of the Convention are subject to collective bargaining in the public sector pursuant to the abovementioned legislation. The Committee asks the Government to clarify whether, after the adoption of the new legislation in 2011 (Social Dialogue Act), section 22 of Order 833/2007 and section 61 of Act 188/1999 that enumerate the subject matters admissible for collective bargaining (use of funds for the improvement of working conditions, occupational health and safety, daily work schedule; vocational improvement; and complementary measures regarding the protection of members of unions’ management bodies), are still applicable. If this is the case, the Committee requests the Government to take steps to ensure that the legislation governing the specific subject matters of public servants and collective bargaining in the public sector does not restrict the range of matters that can be negotiated in the public service, in particular those that normally pertain to working conditions and terms of employment in accordance with Article 2 of the Convention. As regards wage negotiations in the public sector, the Committee refers to its latest comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 3(2). Coexistence of trade union representatives and elected representatives in the same undertaking. As regards the observations submitted by CNS “Cartel Alfa” and BSN in this respect, the Committee refers to its direct request on the application of the Workers’ Representatives Convention, 1971 (No. 135).