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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Côte d'Ivoire (RATIFICATION: 1960)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature. It also notes the observations made by the International Trade Union Confederation (ITUC), received on 31 August 2016, which cover issues relating to the application of the Convention. The Committee requests the Government to send its comments in this respect.

The Committee notes the adoption of Act No. 2015-532 of 20 July 2015 issuing the Labour Code.

Article 2 of the Convention. Right of public employees, without distinction whatsoever, to establish and join organizations of their own choosing. Right to organize of minors. The Committee notes that section 51(7) of the Labour Code provides that minors above the age of 16 years may join trade unions, unless their parents or guardians object. The Committee requests the Government to recognize the right to join trade unions of minors who have reached the statutory minimum age for admission to employment, whether as workers or apprentices, without the permission of their parents or guardians being necessary.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities and formulate their programmes without interference from the public authorities. Exercise of trade union office. The Committee notes with regret that the new Labour Code has not lifted the restrictions on access to trade union office. Under section 51(6), members responsible for the administration or management of an occupational trade union must be Ivorian nationals or nationals of any other State with which reciprocity agreements have been concluded. The Committee wishes to recall that the recognition of the trade union rights established by the Convention to foreigners cannot be subject to any reciprocity requirement and that the national legislation should allow foreign workers to have access to trade union office, at the very least after a reasonable period of residence in the host country. The Committee therefore requests the Government to take the necessary measures to amend the legislation to this effect.