Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Rwanda (Ratification: 1988)

Autre commentaire sur C098

Observation

Demande directe

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Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes that section 30 of the new Labour Code (Law No. 66/2018 of 30 August 2018) provides that trade union representatives who are victims of unfair dismissal, as a result of the discharge of their responsibility to represent employees will receive the payment of damages that cannot exceed the amount of nine months’ net salary. The Committee observes that according to section 30 of the Labour Code, the mentioned amount of compensation is also applicable to other types of unfair dismissal for those employees who have more than ten years of experience with the same employer. With respect to the compensation applicable to anti-union dismissals, the Committee recalls that, when a country opts for a system of compensation and fines, the compensation envisaged for anti-union dismissal should fulfil certain conditions: (i) be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal; and (ii) be adapted in accordance with the size of the enterprises concerned (see the 2012 General Survey on the fundamental Conventions, paragraph 185). Recalling that, under the Convention, all acts of anti-union discrimination should be adequately prevented through the imposition of dissuasive sanctions and adequate compensation, the Committee requests the Government to provide information on the amount of compensation awarded by courts when addressing anti-union dismissal cases.

Article 4 of the Convention. Promotion of collective bargaining. Recognition of organizations for the purposes of collective bargaining. The Committee notes that section 93 of the new Labour Code provides that if in an enterprise there are several employees’ organizations in a company, they team up to conduct collective bargaining. However, if they fail to team up, the organization representing the majority of workers carries on the collective negotiations on behalf of other employees’ organizations. The Committee requests the Government to clarify the meaning of section 93 of the Labour Code when it refers to the majority organization (organization that would represent more than 50 per cent of workers or the most representative organization).

Collective bargaining in practice. In its last comment, the Committee had requested the Government to provide information on the National Labour Council’s activities in the field of collective bargaining and on the number of collective agreements concluded, the sectors concerned, and the number of workers covered. The Committee notes the Government’s indication that the number of collective agreements concluded is seven, which covers 18,291 employees. The Committee requests the Government to provide information on the National Labour Council’s activities in the field of collective bargaining and to continue providing information on the number of collective agreements concluded and the number of workers covered, specifying the sectors concerned.