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

Repetition

Article 5 of the Convention. Collective bargaining in the public administration. The Committee notes the Government’s indication in its report that collective bargaining does not apply to the public service.The Committee requests the Government to indicate the obstacles preventing the application of collective bargaining to public servants and to take all measures at its disposal to make possible and promote collective bargaining in the public service with a view to giving effect to Article 5 of the Convention.

Legal framework for the exercise of collective bargaining. The Committee notes that, in the context of the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government indicates that the Bill establishing the legal framework for collective bargaining has still not been adopted.The Committee requests the Government to inform it of the ongoing legislative process and it firmly hopes that all appropriate measures will be taken for the adoption of the necessary regulation to promote collective bargaining.

Article 6. Mediation. The Committee notes the Government’s indication that the Labour Directorate of the Ministry of Employment and Social Affairs only acts as a mediator in disputes between employers and workers in the private sector.

Article 7. Consultation and negotiation with employers’ and workers’ organizations. The Committee reminded the Government in previous comments that, under the terms of the Convention, consultation and negotiation with the most representative organizations of workers and employers has to be promoted during the process of determining the rules for collective bargaining procedures.The Committee once again requests the Government to take measures for this purpose.

Application in practice. The Committee previously noted the Government’s indication that there are currently no collective agreements in the country in view of its geographical size.The Committee expresses concern in this regard and once again invites the Government to have recourse to ILO technical assistance to resolve this important problem.