Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s report. It further notes the comments received from the International Confederation of Free Trade Unions (ICFTU) and the reply of the Government thereon. The Committee notes the promulgation of Act No. 2 on industrial relations dispute settlement, which will enter into force on 14 January 2005.

Article 1 of the Convention. Protection against acts of anti-union discrimination. With respect to its previous request to indicate whether in cases of anti-union dismissals (section 153 of Act No. 13 of 2003 concerning manpower) the affected workers have the right to obtain economic compensation, the Committee notes with interest section 153(2), pursuant to which, any anti-union dismissal is null and void; in such a case, the entrepreneur is obliged to re-employ the affected worker.

In its previous observation, the Committee requested the Government to supply statistics on the number of complaints lodged in the last two years and the most frequent problems examined. The Committee notes that the Government states that up until now, there have been no cases of anti-union dismissals lodged before the courts. The Committee notes that the ICFTU points out frequent cases of anti-union discrimination and explains that such cases are handled by the regional and national labour disputes resolution committees, decisions of which can be appealed to the State Administrative Court. The ICFTU indicates that legal procedures are long and could take up to six years. The Committee notes the Government’s statement that it expects Act No. 2 on industrial relations dispute settlement to improve the speed with which labour disputes are processed. The Committee requests the Government to keep it informed of the statistics of the number of complaints of anti-union discrimination lodged and examined by the courts.

Article 2. Protection against acts of interference. In its previous observation, the Committee requested the Government to amend section 122 of the Manpower Act so as to discontinue the presence of the employer during a voting procedure held in order to determine which trade union shall have the right to represent the workers in an enterprise. The Committee notes the Government’s statement that it has not considered amending this section, as it believes that the section is in conformity with people’s interests. The Committee also notes the Government’s indication that the courts have never judged any cases concerning infringement of freedom of association. Considering that the presence of the employer may affect the choice of the workers, the Committee once again requests the Government to amend section 122. It requests the Government to keep it informed of measures taken or envisaged in this respect.

Article 4. The Committee notes that, pursuant to sections 5, 14 and 25 of the new Act on industrial relations dispute settlement, if the dispute is not settled through conciliation or mediation, one of the parties can file a legal petition to the Industrial Relations Court. The Committee recalls that provisions which permit either party unilaterally to file a petition to court to settle the dispute do not promote voluntary collective bargaining. It recalls that compulsory arbitration at the request of only one party is only admissible for public servants and workers in essential services in the strict sense of the term. The Committee requests the Government to amend the abovementioned sections so as to bring its legislation into conformity with the Convention.

Export processing zones (EPZs). In its previous observation, the Committee requested the Government to provide information with regard to the allegations of violent intimidation and assault of union organizers, as well as dismissals of union activists in the EPZs. The Committee notes the Government’s statement to the effect that the allegations of intimidation of trade unionists in EPZs should be considered as merely singular cases and that discrimination and intimidation of trade unionists is not allowed and such cases are to be settled in accordance with the legislation. The Committee once again requests the Government to provide information on the number of collective agreements in force in the EPZs and the percentage of workers covered.

The Committee is also addressing a request directly to the Government.