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

The Committee notes the Government’s report. It notes in particular that the proposed amendments to the Labour Code have been communicated to the national workers’ and employers’ organizations for their comments and as soon as it has collected the observations from all of the parties, it will organize workshops aimed at presenting the draft.

The Committee trusts that amendments to the Labour Code will be adopted in the near future and that they will ensure full conformity with the Convention. In this respect, the Committee asks the Government to provide additional clarifications on the following provisions in the draft Labour Code.

Article 2 of the Convention. The Committee notes that section 3(B) of the draft Labour Code excludes the following persons from its application: members of the magistracy and the diplomatic corps and domestic workers and their employers. It observes that the exclusion concerning domestic workers further refers, however, to the issuance by the Minister of a decision on their minimum rights and fundamental rights, including their right to defend their collective rights. The Committee asks the Government to indicate, in its next report, the measures taken or envisaged to ensure that domestic workers may fully benefit from the rights set out in the Convention and to transmit the texts of any legislation or regulations that ensure the right to organize for domestic workers and for the magistracy and the diplomatic corps.

The Committee further notes that section 173(2) of the draft Code stipulates that minors between 16 and 18 years of age can join a trade union unless their tutor opposes. The Committee considers that minors who are legally entitled to work, including apprentices, should also be able to join trade unions freely and without condition. The Committee therefore requests the Government to consider revising this provision of the draft Code to ensure that minors between the ages of 16 and 18 may join trade unions without parental authorization.

Article 3. The Committee notes that, while section 3B(6) excludes foreigners from the application of the draft Code, section 174 provides that foreigners are entitled to join trade unions. It appears, however, that foreigners may not be elected to trade union office. The Committee recalls in this respect that provisions on nationality which are too strict could deprive some workers of the right to elect their representatives in full freedom, for example migrant workers in sectors in which they account for a significant share of the workforce. It therefore considers that legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country. It therefore requests the Government to consider amending the draft Code in this respect.

The Committee further notes that section 219 of the draft Code empowers the Minister to submit disputes to compulsory arbitration where the suspension of work might affect the life, safety or health of some persons. The Committee requests the Government to indicate, in its next report, whether the Council of Ministers has made a list of such services, as provided in section 219(3) and, if so, to transmit a copy.

Finally, the Committee notes that section 211 provides that strike notice must include an indication as to the duration of a strike. Considering that such a requirement unduly restricts the effectiveness of an essential means for furthering and defending workers’ occupational interests, the Committee asks the Government to consider deleting this subsection from the draft Code.

Articles 5 and 6. With reference to its previous comments, the Committee notes from the Government’s report that section 20 of the Law on Trade Unions permits unions to form a general federation, as long as the federation is the most representative. The Government adds that there is nothing in the laws that indicates that trade union activity is the monopoly of the General Federation and that it is possible to form several general federations. Moreover, general trade unions form a federation for each occupation. The Committee requests the Government to clarify whether it is possible to form a general federation even if it cannot be considered to be the most representative.

The Committee further notes that section 172 of the draft Labour Code would appear to prohibit the right of workers’ organizations to affiliate with international workers’ organizations. The Committee asks the Government to consider modifying this section so that workers’ organizations may freely affiliate with international workers’ organizations, in accordance with Articles 5 and 6 of the Convention.

The Committee trusts that the Government will take all of the abovementioned points into consideration before adopting the draft Labour Code and requests it to indicate in its next report the progress made in this regard.