Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee takes note of the information supplied by the Government in reply to its previous comments. While recalling the assurances given by the Government in its last but one report (1992) to the effect that the Committee's comments would be taken into account in the definitive text of the draft Labour Code, it once again wishes to draw the Government's attention to the following points.

Article 2, paragraph 2, in conjunction with Article 7 of the Convention. The Committee notes that the Government intends to amend Decree No. 74/350/PRES/FPT, of 14 September 1974, to bring it into conformity with these provisions of the Convention. It requests the Government to supply a copy of the revised text when it is adopted.

Article 9. The Committee recalls that the draft text does not contain any provision to give effect to Article 9, paragraph 3, which states that in the case of expulsion of the worker or his family, the cost shall not be borne by them. It trusts that this provision will be included in the new Labour Code.

Article 10, in conjunction with Articles 12(d) and 14(a). The Committee notes with interest that, according to the Government, section 9 of the draft text introduces a foreign workers' permit, without any condition of reciprocity.

Furthermore, the Committee notes with regret that the Government, referring to the law and practice of the subregion, intends to retain section 159 of the draft text which reproduces the provisions of section 6 of the present Labour Code and provides that "members responsible for the leadership and administration of a trade union must be nationals of Burkina Faso or of a State that has concluded a residents' agreement with Burkina Faso, which establishes reciprocity in respect of trade union rights". The Committee refers once again to the comments it has been making since 1981 to the effect that section 6 of the Labour Code is not consistent with Article 10 of the Convention, which prescribes equality of treatment in respect of trade union rights. It hopes that the condition of reciprocity will be omitted from the final draft.

Furthermore, the Committee notes that, according to the Government, fees for visas on work contracts of workers other than African workers, under section 14 (last paragraph) of the draft, are to be paid exclusively by the employer. The Committee hopes that, with a view to guaranteeing the principle of equality of treatment set out in Article 10 of the Convention, the wording of section 14 of the draft text will set out clearly that the above fees are payable by the employer in all cases.

The Committee also notes that the Government intends to modify sections 4, 5 and 6 of Order No. 98/TFP/PMO/FPR, of 15 February 1967, to give effect to Articles 10, 12(d) and 14(a) of the Convention. It requests the Government to supply a copy of the revised text when it is adopted.