Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. The Committee recalls that it has been commenting for a number of years on the need for the Government to take steps to amend the provisions of Act No. 4/92, which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (section 10(4) of Act No. 4/92);

–      the hiring of workers without consultation with the trade unions concerned to perform services essential to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92); and

–      compulsory arbitration for services which are not essential in the strict sense (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (postal, banking and loan services; section 11 of Act No. 4/92).

The Committee asks the Government to take steps to amend the abovementioned legislative provisions so as to bring the legislation into line with the Convention and to indicate, in its next report, any measures adopted in this respect. The Committee also asks the Government to indicate whether federations and confederations are able to exercise the right to strike.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, noting that Law No. 4-2002 of 30 December 2002, allows requisition of workers in cases of strikes in non-essential services, the Committee requests the Government to take measures to modify the legislation so as to guarantee that the requisition of workers is only possible in the essential services in the strict sense of the terms.