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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Timor-Leste (RATIFICATION: 2009)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) of 2012 on the application of the Convention, in particular, alleging the arrests of trade unionists and affiliates in the hotel sector. The Committee requests the Government to provide its comments thereon as well as on the 2011 ITUC observations.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. It recalls that the Convention applies to all workers “without distinction whatsoever”, and is therefore applicable – with the sole possible exception of the armed forces and the police, by virtue of Article 9 of the Convention – to domestic workers and to public employees who should, like workers in the private sector, be able to establish organizations of their own choosing to further and defend the interests of their members. The Committee requests the Government to indicate the legislative provisions ensuring that public servants and domestic workers enjoy the guarantees enshrined in the Convention.

The Committee takes note of the adoption of a new Strike Act (Act No. 5/2012 of 29 February 2012). The Committee observes that the new Act provides that, in the absence of agreement for the determination of minimum services, these shall be determined jointly by two members of Government and the government-appointed President of the Civil Service Commission (section 18.5). Recalling that any disagreement on minimum services should be resolved, not by the government authorities, but by a joint or independent body which has the confidence of the parties, the Committee requests the Government to take any necessary measures to address this issue, in consultation with the social partners.

The Committee also requests the Government to provide information as to: (i) whether the new Act allows workers to strike against the social and economic policy of the Government; (ii) whether the voting and quorum requirements under section 9.3 are also applicable to strikes declared by trade unions; (iii) the sectors, bodies or services of the public administration that are required to provide minimum services under section 18.1; (iv) the precise meaning of “cases of justified national interest” in which a requisition order may be placed under section 18.8; and (v) whether it is possible to impose penal sanctions on workers for carrying out peaceful strikes.