Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the information supplied by the Government in its report. It also takes note of the comments submitted by the Trade Union of Medical Analysts and Technicians and the National Trade Union of Nurses and Midwives.

1.  Articles 2 and 3 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. With reference to its previous comments concerning the right to organize of public employees, the Committee notes the adoption in 1998 of a new law on civil service, which replaces the previous legislation on this subject. It notes that, according to the Government, the new legislation does not provide for any prohibition of association in the civil corps. The Committee notes however that the Civil Service corps now comprises two categories of employees: "Civil Service employees … employed on the basis of an employment contract" (article 3.1) and "Civil servants … employed by virtue of nomination" (article 3.2), with different rights:

(i) article 69(2) of the Civil Service Act provides that Civil Service corps members are not allowed to publicly manifest their political beliefs. The Committee recalls that trade union activities cannot be restricted solely to occupational matters, since a government’s choice of a general policy may have an impact on workers in both the private and public sectors, and that public servants in the exercise of their trade union activities should be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy;

(ii) article 69(3) provides that "Civil Service corps members are not allowed to participate in strikes or actions of protest, which will interfere with the normal functioning of the office". The Committee recalls that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State and that, in borderline cases, one solution might be to provide for the maintaining by a defined and limited category of staff of a negotiated minimum service when a total and prolonged stoppage might result in serious consequences for the public;

(iii) article 69(4) provides that "Civil servants are not allowed to perform functions within trade unions". The Committee recalls that the autonomy of organizations can only be effectively guaranteed if their members have the right to elect their representatives in full freedom, which does not appear to be the case under this provision.

The Committee requests the Government to amend these provisions with a view to bringing the legislation into full conformity with the Convention, and to provide information in its next report on progress in this respect. The Committee further requests the Government to provide in its next report information on the application in practice of this new legislation, including judicial decisions, if any.

(b)  The Committee notes the entry into force of the Act of 24 July 1999 concerning the customs service which provides in article 48 that customs officers may associate in trade unions, and requests the Government to send a copy of this legislation.

(c)  The Committee notes the comments made by the Trade Union of Medical Analysts and Technicians and the National Trade Union of Nurses and Midwives, regarding the obligation imposed upon employees of the public health care system, under threat of redundancy, to change conditions of employment from full employment in relation to the civil law regime, which allegedly aims at the reduction of its members and eventual liquidation of the organizations. The Committee requests the Government to provide in its next report information concerning the right of these employees to establish and join organizations of their own choosing.

2.  Trade union assets.  Referring to the need to amend the Act of 25 October 1990 concerning the restitution of trade union assets, the Committee notes the Government’s statement that the Social Revendication Commission is competent in this domain, but is bound to observe that no material progress has been made as regards the draft amendments which were to be examined by the Council of Ministers in the autumn of 1998. The Committee, once again, expresses the hope that these issues will be resolved in the very near future; it requests the Government to keep it informed of any developments in this matter and to provide a copy of the relevant text as soon as it is adopted.

3.  Articles 3, 5 and 6. Representativeness of trade union organizations. Referring to the need to amend the provisions of trade union legislation on the representative nature of trade union organizations, the Committee notes that two draft pieces of legislation are currently being debated in Parliament: the Act concerning the change of the Labour Code and the change of some Acts, which introduces the criteria of representativeness in social dialogue and collective bargaining at an enterprise level, and eliminates any doubts concerning representativeness at the supra-enterprise level; and the Act concerning the Commission for Socio-Economic Issues, which provides for criteria of representativeness for organizations of social partners in social dialogue at the national level. The Committee requests the Government to inform it in its next report of progress made in this regard and to provide it with a copy of these Acts as soon as they are adopted.