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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Timor-Leste (RATIFICATION: 2009)

The Committee notes with 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 initially made in 2012.

Repetition

The Committee notes the observation of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes the Government’s adoption of Act No. 4/2012 enacting the Labour Code.

Articles 2 and 3 of the Convention. Protection against acts of interference. The Committee noted that section 83 of the new Labour Code prohibits acts of interference on the part of the authorities in the organization or funding of workers’ and employers’ organizations; as well as acts of interference on the part of the employer that promote the formation, continuation or funding of workers’ organizations, intervene in their organization or management, or prevent or hinder the exercise of their rights. The Committee recalls that legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations to ensure the practical application of Article 2. In this regard, the Committee notes that section 98 of the Labour Code entrusts the labour inspectorate with the task of monitoring and enforcing the provisions of the code, and that section 99 establishes that breaches of these provisions shall be punishable with fines and other types of penalty. The Committee requests the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti union interference.

Article 4. Collective bargaining. The Committee requests the Government to provide information on the working of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage.

Articles 4 and 6. Public servants and domestic workers. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. Recalling that the Convention applies to all workers of the private sector as well as to public service workers other than those engaged in the administration of the State, the Committee requests the Government to indicate the legislative provisions ensuring that domestic workers and public servants, other than those engaged in the administration of the State, enjoy the guarantees enshrined in the Convention.