Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the Government's report and the coming into force of Act No. 22 of 1992 establishing in law the new Labour Code.

Article 4 of the Convention. With reference to its previous direct request concerning the scope of section 9C(3) and D(5) of the Labour Code, as amended by Act No. V of 1989, the Committee notes with interest that Act No. 22 of 1992 enacting the new Labour Code (section 203) repealed Act No. V of 1989.

However, the Committee notes that in accordance with section 38(1) of the Code, in the absence of an agreement providing otherwise, collective agreements come into effect upon approval. Section 38(4) also provides that the Minister of Labour shall determine the procedures for the registration of collective agreements.

The Committee reminds the Government that a system of official approval of collective agreements is acceptable in so far as the approval can only be refused on grounds of form or where the clauses of a collective agreement do not conform to the minimum standards set out in the labour law (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 251).

The Committee requests the Government to indicate in its next report whether the Minister of Labour has already determined the procedure for the registration of collective agreements in accordance with the provisions of section 38(4) and, if so, to supply a copy of the text in question.