Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. It further notes the comments of the International Trade Union Confederation (ITUC) alleging restrictions on collective bargaining in the public sector and the weakness of the legal system in dealing with cases of anti-union discrimination. The ITUC further refers to the case of a trade unionist unjustly dismissed and not reinstated despite a court order to that effect and to several cases of violations of collective bargaining rights at various enterprises.

While noting with interest the Government’s indication that a Basic Collective Agreement for Public Servants and Employees was concluded in July 2007 and that the Agreement introduced 12 new rights for public service employees, the Committee notes that the ITUC refers to the Act on the Realisation of the Government’s Budget of 1993, which allows the Government to modify the substance of a collective agreement in the public sector for financial reasons. The Committee requests the Government to provide a copy of the legislative provisions allowing the Government to modify the substance of collective agreements in the public service and to provide information on their application in practice. The Committee recalls that, in general, a legal provision which allows one party to modify unilaterally the content of signed collective agreements is contrary to the principles of collective bargaining.

The Committee further requests the Government to provide its observations on the remaining issues raised by the ITUC.