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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Togo (RATIFICATION: 1983)

The Committee notes the Government's report on the application of the Convention.

1. In its previous requests, the Committee noted the absence in the legislation of specific penal sanctions in the event of acts of anti-union discrimination such as those described in section 4(2) of the Labour Code.

In its report, the Government refers to section 225 of the Labour Code. However, the Committee is bound to note that, although this provision lays down fines in the event of violations of section 4 of the Code, it only covers the administrators of trade unions and the managers of mutual benefit funds.

The Committee points out that, when legislation prohibits any act of anti-union discrimination in employment, it would be desirable for penal sanctions to be laid down in order to provide adequate protection for workers against such acts.

The Committee requests the Government to indicate in its next report the measures that have been taken in order to include in the legislation sufficiently dissuasive penal sanctions against employers who are found to be guilty of acts of anti-union discrimination.

2. In reply to its request concerning the right of public servants (other than those engaged in the administration of the State) to negotiate the terms and conditions of their wages and employment and the procedures for doing so, the Committee takes due note, from the Government's report, that all public servants have trade unions through which they can negotiate the terms and conditions of their wages and employment.

With reference to section 82 of the Labour Code, the Committee notes that public sector employees (in services, enterprises and establishments) can negotiate, in accordance with the provisions of the Labour Code (sections 64 to 81), unless they are subject to special legislation or regulations laying down their conditions of service.

In the event of specific texts being adopted, the Committee requests the Government to indicate the extent to which the workers concerned enjoy the right to negotiate the terms and conditions of their wages and employment through their trade unions and the procedures that exist for doing so. The Committee also requests the Government to supply any texts that have been adopted in this respect.