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

Articles 2 and 3 of the Convention. In its previous comments, the Committee had raised a number of points concerning the right of workers to join organizations of their own choosing and the right to strike. In particular, the Committee had requested the Government to take the necessary measures to:

–           amend section 19(f) of Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, so that all workers are able to join more than one organization, if they so wish, in order to be able to defend their occupational interests in cases where they are engaged in more than one occupation;

–           ensure that the categories of workers excluded from the scope of the Labour Code (public servants in state agencies who do not exercise authority in the name of the State, including local public administrations and public authorities; domestic and similar workers; and workers who are members of the employer’s family and dependent upon the latter) enjoy the right to strike;

–           amend section 192 of the Labour Code so as to ensure that there is no legal obligation for workers’ organizations to specify the duration of a strike; and

–           amend section 69(9) of the Labour Code to ensure that workers who have participated in legitimate strike action are not penalized on the grounds that the strike notice does not specify the duration of the strike.

The Committee notes that the Government indicates in its report that Order No. 69 of 2010 has been issued by the Minister of Manpower and Migration on the establishment of a preparatory technical committee composed of legal experts to review Labour Code No. 12 of 2003 and Trade Union Act No. 35 of 1976, as amended to date, to ensure their conformity with international labour standards. The Committee further notes that pursuant to Order No. 69, the legal experts shall present a report by the end of the year, which will then be submitted for discussion to a tripartite meeting in order to agree on the final versions of the two bills. The Committee requests the Government to take the necessary measures to ensure that during the review process, due account will be taken of the Committee’s comments on the abovementioned issues and trusts that the proposed amendments will be provided to the ILO in the near future for advice on their conformity with the Convention.

The Committee requests the Government to provide information in its next report on the progress made on these long-outstanding matters.