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

The Committee notes the Government's report and recalls that its previous comments concerned:

- the requirement of a majority of 51 votes in order to call a strike (section 407(3) of the Labour Code) and whether this provision applies to federations and confederations (section 384 of the Code);

- restrictions on subsidies or assistance to trade unions from political parties or religious entities (section 318 of the Code); and

- exclusion from the scope of the Labour Code (Principle III) and the Civil Service and Administrative Careers Act (section 2) of employees of autonomous and municipal official institutions.

With regard to the requirement of a majority of 51 votes in order to call a strike (section 407(3) of the Labour Code), the Committee notes that the same majority is required for federations and confederations as for trade unions (section 384 of the Code), and notes with interest the Government's statement in its report that it is in the process, in consultation with the social partners, of adopting the necessary measures to reduce even further the percentage required in order to call a strike, and that it will be limited to a simple majority. The Committee hopes that in its next report the Government will provide information on the progress made in this respect.

With regard to restrictions on subsidies or assistance to trade unions from political parties or religious entities, concerning section 318 of the Code, the Committee takes due note of the Government's statement that although the purpose of this provision is to maintain the economic independence of trade unions, it could be construed as a restriction on trade unions in the formulation of their programmes of action.

With regard to the exclusion from the scope of the Labour Code (Principle III), and the Civil Service and Administrative Careers Act (section 2) of the employees of autonomous and municipal institutions of the State, other than those involved in industry, commerce or transport, the Committee notes the information supplied by the Government to the effect that these bodies are governed by the law creating them or by their own regulations which determine the working regime of the employees, and that in practice certain autonomous bodies have had recourse to the Labour Code and have formed duly registered trade unions (for example, the Santo Domingo and the Santiago Water and Sewage Corporations). It reminds the Government that under Article 2 of the Convention all workers, without distinction whatsoever, including those referred to in section 2 of the Civil Service and Administrative Careers Act, with the sole possible exception of the armed forces and the police, have the right to form organizations of their own choosing. The Committee asks the Government to state whether the laws and/or regulations governing these bodies enable them to form trade union organizations, and to inform it of any organization that has been formed in practice by this category of workers.

The Committee observes that section 142(1) of the implementing regulations of the Civil Service and Administrative Careers Act requires the membership of at least 60 per cent of all employees of the body concerned in order to form an organization of public servants. In the Committee's view, this is a high percentage and might, in practice, impair the formation of trade union organizations by this category of workers. The Committee hopes that the Government will take the necessary steps to reduce the percentage and asks it to provide information on any progress made in this respect in its next report.