Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 333, Mars 2004

Effect given to the recommendations of the Committee and the Governing Body

1. 92. The Committee last examined this case at its May-June 2003 meeting [see 331st Report, paras. 593-623]. The Committee recalls that this case concerns, firstly, the refusal by the Central Carbonated Beverage Company (SCBG) to recognize its workers’ trade union executive, which is affiliated to the Democratic Confederation of Labour (CDT), and to engage in dialogue with it, and, secondly, particular acts – including two dismissals – carried out against 20 members or leaders of the trade union executive.
2. 93. In a communication dated 2 October 2003, the Government states that it has made numerous efforts at conciliation in an attempt to find a solution to this dispute. The management of the SCBG consistently refuses to participate in the conciliation meetings organized by the Labour Administration. The Labour Inspectorate has drawn up a violation notice against the employer and sent it to the competent court. Furthermore, the Government adds that it sent the Committee’s most recent recommendations to the director of the company and to the Provincial Employment Representative, so that, on receipt of them, he could study them and give a response.
3. 94. The Committee is interested to note the information provided by the Government on the steps that it has taken with a view to starting a dialogue between the SCBG and the trade union executive. In respect of this, the Committee, recalling that governments are bound to ensure that the provisions of Conventions which have been freely ratified are respected in law and in practice throughout their territory, requests the Government to continue to take steps so that the trade union executive duly established can freely carry out its activities within the SCBG and negotiate the workers’ conditions of employment directly with the enterprise. It requests the Government to keep it informed in this regard.
4. 95. The Committee also observes that the Government has failed to provide any response regarding the other aspects of the case. The Committee therefore has to repeat its previous recommendations. It once again requests the Government to ensure that inquiries are promptly opened to determine whether: (1) the 20 trade union members named by the complainant organization have been prejudiced because of their trade union activities; (2) Mr. Najahi Mohamed and Mr. Chahrabane Azzedine were dismissed because of their trade union activities. If the anti-union nature of these measures – or part thereof – is proven, the Committee requests the Government to take the necessary steps, as appropriate, to ensure that: (1) the measures affecting the 20 trade union members are immediately lifted; (2) Mr. Najahi Mohamed and Mr. Chahrabane Azzedine are immediately reinstated in their posts, with the payment of wages due. The Committee requests the Government to ensure the strict application of the legislative provisions relating to the protection of workers against anti-union discrimination and to keep it informed on all aspects of the matter.