Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Noting that the Government's report contains no information regarding its previous comments, the Committee must once again draw the Government's attention to the following points:

Article 2 of the Convention. 1. The Committee requests the Government to indicate whether the persons mentioned in sections 3(2)(b) and (c) and 3(3)(c) of the Industrial Relations Act of 1993, who are currently excluded from its scope, may freely establish and join organizations under other provisions and, if so, to provide a copy of the relevant legislation.

2. The Committee requests the Government to indicate whether the Minister of Labour and Social Affairs has adopted the notification set out in section 7(1)(b) and, if so, to send it the text. In addition, the Committee requests the Government to inform it of any instance where the Registrar has refused registration under section 9(1)(b).

Article 3. 3. The Committee notes that subsection 20(7) prescribes a maximum period of two years to hold office as an office-bearer of a union. Recalling that organizations should have the right to elect their representatives in full freedom (see 1994 General Survey on freedom of association and collective bargaining, paragraph 121), the Committee requests the Government to clarify whether office bearers are eligible for re-election.

4. In addition, the Committee requests the Government to indicate if it has had recourse to the provisions relating to management of trade union funds (sections 27 and 34(1)(2) and, if so, to provide information in this respect.

The right to strike. 5. The Committee notes that section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue. The Committee states that a simple majority of workers having taken part in the voting in a bargaining unit should suffice to call a strike. It also notes that section 52(4) allows the minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy". The Committee considers that the restrictions on the right to strike should be limited to situations of acute national crisis. Finally, the cooling-off period of 60 days before a strike may commence (section 52(1)(b)) is too long, especially since persons involved in an unlawful strike are liable to imprisonment for six months under section 56(1)(a) and (b). The Committee also notes that certain prohibitions of, or restrictions on, the right to strike which may be considered to be in conformity with the principle of freedom of association sometimes provide for civil or penal sanctions against strikers and trade unions which violate these provisions. In the view of the Committee, such sanctions should not be disproportionate to the seriousness of the violations (see 1994 General Survey, op. cit. paragraph 178).

The Committee requests the Government to indicate the measures taken or envisaged to amend sections 52(1)(a)(iv), 1(b) and (4) and 56 (1)(a) and (b) in order to bring its legislation into greater conformity with the principles of freedom of association.

Article 5. 6. Article 9(1)(e) stipulates that the Registrar shall not register a trade union "if its membership is open to persons who are not engaged in the same trade, or in similar or connected trades or in the same undertaking". The Committee requests the Government to indicate whether first-level organizations of workers are free to establish inter-professional organizations and to join federations and confederations freely.