Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s reply to the 2007 International Trade Union Confederation (ITUC) comments concerning the right to strike as well as the imposition of sanctions against strikers in specific cases mentioned by the ITUC. In this instance, the Committee notes the Government’s indication that the law prescribes that trade unions and their higher level associations have the right to call and undertake a strike in order to protect and promote the economic and social interests of their members or on the ground of non-payment of salary or salary compensation within 30 days of their maturity date, and that a worker may be dismissed only if he or she organized or participated in a strike which was not organized in compliance with the law, collective agreement or trade union rules, or if in the course of a strike he or she commits some other grave violation of a labour contract. Furthermore, the Committee notes that, as regards the cited cases of strikers dismissed, the Government indicates that those cases were before the courts and that it would send the relevant court decisions.

Article 3 of the Convention. The Committee recalls that for several years it has been commenting on the issue of the distribution of trade union assets. In this respect, it had urged the Government to determine the criteria for the division of trade union assets, in consultation with workers’ organizations, and to fix a specific time frame for completing the division of the property. Noting that the Government has not provided information in regard to this matter, the Committee once again urges the Government to undertake the abovementioned measures and to indicate developments in this regard.

Finally, the Committee notes the comments made by the ITUC in a communication dated 26 August 2009 with regard to violations of the Convention. The Committee requests the Government to submit its observations thereon.