Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

Article 1(d) of the Convention. In its earlier comments the Committee noted that in the event of a planned or current strike in an industry considered indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and settle it or certify it for compulsory arbitration. Furthermore, the President may determine the industries indispensable to the national interest and assume jurisdiction over a labour dispute (section 263(g) of the Labor Code, as amended by Act No. 6715). The declaration of a strike after such assumption of jurisdiction or submission to compulsory arbitration is prohibited (section 264), and participation in an illegal strike is punishable by imprisonment (pursuant to section 1727 of the Revised Administrative Code, an obligation to perform labour) of up to three years (section 272(a) of the Labor Code). The revised Penal Code also lays down sanctions of imprisonment (section 146).

The Committee pointed out, with reference to paragraph 123 of its 1979 General Survey on the abolition of forced labour, that any compulsory arbitration enforceable with penalties involving compulsory labour must be limited to services whose interruption would endanger the life, personal safety or health of the whole or part of the population. It noted from the Government’s report received in November 1994 that amendments to section 263(g) of the Labor Code had been proposed in Senate Bill No. 1757 which sought to limit the situation only to disputes affecting industries performing essential services and that the Bill had been filed with Congress. The Government’s previous report simply referred to a proposal to amend section 263(g) with a view to limiting its application only to disputes in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, but contains no information on the progress made in consideration of the abovementioned Bill No. 1757 in Congress.

The Committee trusts that the Government will soon be in a position to indicate progress in bringing the legislation into conformity with the Convention.

It has raised several other points in a request addressed directly to the Government.