Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Rwanda (RATIFICATION: 1988)

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The Committee notes with regret that the Government did not provide information in response to its previous direct request. The Committee is therefore bound to reiterate its comment and requests the Government to take all the necessary steps in this regard.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination.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 once again requests the Government to provide information on the amount of compensation awarded by courts when addressing anti-union discrimination cases.

Article 4. Promotion of collective bargaining. Recognition of organizations for the purposes of collective bargaining. The Committee once again requests the Government to clarify the meaning of section 93 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 agents. In its previous comments under the Collective Bargaining Convention, 1981 (No. 154), the Committee had observed that according to article 3 of Law No. 66/2018 regulating labour, the elected representatives of workers may conclude collective labour agreements in the absence of trade union organizations. The Committee notes the Government’s indication that 15 collective agreements have been concluded by trade-unions organizations; however, it does not provide information concerning the agreements concluded by elected representatives. Recalling that when collective bargaining also includes negotiations with elected workers’ representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of these representatives is not used to undermine the position of the workers’ organizations concerned, the Committee requests the Government to inform about the number of collective agreements concluded, not only by trade unions’ organizations, but also by elected workers’ representatives. The Committee requests the Government to provide information in each case on the number of workers covered, specifying the sectors concerned.

The Committee finally requests the Government to provide information on the National Labour Council’s activities in the field of collective bargaining.

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Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee had noted with regret that the new Labour Code (Law No. 66/2018 of 30 August 2018) did not contain, beyond the dismissal of trade union representatives, specific provisions prohibiting and punishing acts of anti-union discrimination and interference and was therefore less protective than the repealed legislation. The Committee notes the Government’s indication that law No. 68/2018 of August 2018 determining offences and penalties in general provides, in its article 284, that any person vested with public authority or responsible for a public service mission who orders or personally performs an act which violates an individual freedom, except when provided for by the law, commits an offence and is liable to imprisonment for three to five years. The Committee observes that, in addition to being very generic with respect to the type of offences covered, the scope of application of this provision is limited with respect to the authors of the offences as it does not apply to most private employers. In these circumstances, the Committee recalls, that in order to ensure full compliance with the Convention,the legislation must also target private employers and provide explicit protection against all acts of anti-union discrimination and interference. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation in force targets private employers and provides adequate and explicit protection against all acts of anti-union discrimination and interference, including the imposition of effective and sufficiently dissuasive sanctions. The Committee requests the Government to provide information in its next report on any progress made in this regard.

Article 4. Promotion of collective bargaining. The Committee takes due note of Ministerial Order No. 001/19.20 of March 2020 relating to Labour Inspection provided by the Government. The Committee notes that if a labour inspector fails to settle a collective labour dispute, the inspector refers the dispute to the Minister of labour who then submits it to the National Labour Council (article 15), which issues special regulations determining the modalities for the establishment of the arbitration committee and its functioning (article 17). The National Labour Council, after receiving the collective labour dispute from the Minister in charge of Labour, sets up an arbitration committee to settle the collective labour dispute (article 18). While recalling that recourse to compulsory arbitration was removed by the new labour Code, the Committee requests the Government to provide information on the special regulations determining the modalities for the establishment of the arbitration board and its functioning,in order to ensure that the rules applicable to the settlement of collective disputes, through the National Labour Council, are fully in line with the principle of free and voluntary collective bargaining established by the Convention.

Referring to its previous comments under the Collective Bargaining Convention, 1981 (No. 154), the Committee recalls that, according to article 3 of Law No. 66/2018 of August 2018 regulating Labour, a “collective agreement” means a written agreement relating to employment conditions or any other mutual interests between employees’ organizations or employees’ representatives where there are no such employees’ organizations on the one hand, and one or more employers or employers’ organizations, on the other hand. In view of the Committee, such a definition could be too restrictive and exclude certain categories of workers. The Committee notes the Government’ statement that, according to article 32 of the Constitution of Rwanda, trade unions and employers’ associations have the right to engage in collective bargaining and may enter into general or specific agreements regulating their working relations. The Constitution recognizes these rights to all categories of trade unions and employer’s associations and does not make any distinction based on the status of employees. While taking note of this information, the Committee wishes to recall that the recognition of the right to collective bargaining is wide-ranging in scope and should for instance include the self-employed. The Committee further notes that, according to article 2 of Law No. 66/2018, collective bargaining applies to self-employed workers, but only with regard to occupational health and safety. The Committee therefore requests the Government to provide information on how the right to collective bargaining is recognized to all categories of workers, irrespective of their contractual status and irrespective of the subject covered by collective bargaining.

With respect to the extension procedure of collective agreements applicable to at least two thirds (2/3) of the number of employees or employers representing the category of profession (according to article 95 of the new Labour Code), the Committee notes the Government’s indication that its applicability depends on the organizations themselves and that, so far, some collective agreements are in place, but not yet extended. The Committee requests the Government to keep providing information on the application in practice of article 95 of the new Labour Code.

The Committee is raising other matters in a request addressed directly to the Government.

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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.

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The Committee notes the adoption of the new Labour Code (Law No. 66/2018 of 30 August 2018).

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee had noted that, according to the provisions of section 114 of the Labour Code (Law No. 13/2009), any act which infringed the provisions granting protection against acts of discrimination and interference was considered abusive and incurred the payment of damages, and had noted that the amount of damages, however, was not specified in the Labour Code 2009. The Committee had requested the Government to take measures to establish sufficiently dissuasive sanctions against acts of anti-union discrimination and interference, in particular with respect to the amount of damages awarded to trade union members. While taking note of the Government’s statement that the amount of compensation applicable in cases of anti-union discrimination must be determined according to the damage suffered by the victim, in consonance with section 258 of the Civil Code, Book III, the Committee notes with regret that with the adoption of the Labour Code 2018, the above-mentioned section 114 was repealed and the new legislation does not contain, beyond the dismissal of trade union representatives, specific provisions prohibiting and punishing acts of anti-union discrimination and interference. The Committee requests the Government to take the necessary measures to ensure that the new legislation in force provides adequate and specific protection against all acts of anti-union discrimination and interference, including the imposition of effective and sufficiently dissuasive sanctions. The Committee requests the Government to provide information in its next report on any progress made in this regard.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had noted that the collective bargaining dispute settlement procedure provided for in section 143 ff. of the Labour Code 2009 culminated, in cases of non-conciliation, in referral, at the initiative of the labour administration, to an arbitration committee whose decisions could be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee had recalled that, in order to preserve the principle of voluntary negotiation recognized by the Convention, compulsory arbitration is only acceptable in certain specific conditions, such as in essential services in the strict sense of the term, in the case of disputes involving public servants engaged in the administration of the State (Article 6 of the Convention), or in the case of an acute national crisis. The Committee therefore had requested the Government to take the necessary measures to amend the legislation so as to ensure that a collective labour dispute in the context of collective bargaining may be submitted to arbitration or to the competent legal authority only with the agreement of both parties, except in the circumstances referred to above. The Committee takes due note of the Government’s indication that: (i) the new Labour Code removed the mandatory requirement for the parties involved in a collective labour dispute to resort to arbitration; and (ii) it may intervene in the settlement of collective labour disputes, within limits established by an Order of the Minister in charge of labour, which, under section 103 of the new Labour Code, determines the organization, functioning of labour inspection and procedure for labour disputes settlements. While it welcomes the removal by the new Labour Code of the mandatory requirement for the parties involved in a collective labour dispute to resort to arbitration, the Committee, in order to ensure that the new rules applicable to the settlement of collective disputes are fully in line with the principle of free and voluntary collective bargaining established by the Convention, requests the Government to provide a copy of the above-mentioned Order and to communicate detailed information on the new procedure for collective labour disputes settlement.

Furthermore, in its previous comments, the Committee had noted that section 121 of the Labour Code 2009 provided that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his or her delegate or representatives of the labour inspection participating as advisers. The Committee had recalled that such provision may restrict the principle of free and voluntary negotiation of the parties established by the Convention, and had requested the Government take the necessary measures to amend the legislation so as to ensure that the parties can freely determine the modalities of collective bargaining and in particular that they can decide as to whether or not a representative of the labour administration may be present. The Committee notes with interest the Government’s statement that the participation of a labour administration representative in the collective bargaining process is no longer required under the new Labour Code and that, as a consequence, parties can now convene and negotiate freely without the presence of the Minister, his/her delegate or representative of labour inspection.

In its previous comments, the Committee had also noted that, under section 133 of the Labour Code 2009, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational and territorial scope of the agreement. The Committee had requested the Government to indicate the institutional framework in which these tripartite consultations take place and to provide information on recent extension procedures. The Committee notes the Government’s indication that the recent extension procedure is set forth in the new Labour Code in its section 95, which provides that a collective agreement applicable to at least to two-thirds (2/3) of the number of employees or employers representing the category of the concerned professionals may, at the request of the parties, be extended to the entire sector. The Committee welcomes these elements and requests the Government to provide information on the application in practice of section 95 of the new Labour Code.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take steps to establish sufficiently dissuasive penalties for acts of anti-union interference and discrimination, particularly concerning the amount of legal compensation of trade union members. The Committee noted that, according to the provisions of section 114 of the new Labour Code (Act No. 13/2009), any act which infringes the provisions providing protection against acts of discrimination and interference should constitute an offence and incur the payment of damages. The amount of damages applicable for acts of anti-union discrimination against trade union members or officials is not, however, specified in the Act. The Committee notes that the Government reiterates that this matter will be duly taken into account during the current revision of the Labour Code. Recalling that it is important that the forthcoming version of the Labour Code covers all acts of anti-union interference and discrimination and that it provides for sufficiently dissuasive penalties, the Committee requests the Government to provide information on any new developments in this regard and to send a copy of the Labour Code once it has been adopted.

Article 4. Promotion of collective bargaining. Referring to its previous comments concerning compulsory arbitration in the context of collective bargaining, the Committee noted that the collective bargaining dispute settlement procedure provided for in section 143 ff. of the Labour Code culminates, in cases of non-conciliation, in referral, at the initiative of the labour administration, to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee once again recalls that, in order to preserve the principle of voluntary negotiation recognized by the Convention, compulsory arbitration is only acceptable in certain specific conditions, such as in essential services in the strict sense of the term, in the case of disputes involving public servants engaged in the administration of the State (Article 6 of the Convention), or in the case of an acute national crisis. Noting the Government’s statement that its comments will be duly taken into account, the Committee trusts that the Government will take the necessary measures to amend the legislation in such a way that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to arbitration or to the competent legal authority only with the agreement of both parties.

Moreover, with reference to its previous comments, the Committee noted that section 121 of the Labour Code provides that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his or her delegate or representatives of the labour inspection participating as advisers. In the absence of any new information from the Government on this matter, the Committee recalls that such a provision may restrict the principle of free and voluntary negotiation of the parties established by the Convention. The Committee once again requests the Government to take the necessary measures to amend section 121 of the Labour Code so as to ensure that the parties can freely determine the modalities of collective bargaining and in particular that they can decide as to whether or not a representative of the labour administration may be present.

With regard to the question of the extension of collective agreements, the Committee in its previous observations noted that, under section 133 of the Labour Code, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational and territorial scope of the agreement. The Committee notes the Government’s reiteration that, in practice, the extension of a collective agreement is possible only subject to in-depth tripartite consultations. The Committee requests the Government to indicate the institutional framework in which these tripartite consultations take place, and to provide information on recent extension procedures.

Collective bargaining in practice. Noting the Government’s statement that it is committed to promoting collective bargaining, the Committee trusts that measures will be taken in this direction and that the Government will 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 hopes that the Government will make every effort to take the necessary action in the near future.

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Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take steps to establish sufficiently dissuasive penalties for acts of anti-union interference and discrimination, particularly concerning the amount of legal compensation of trade union members. The Committee noted that, according to the provisions of section 114 of the new Labour Code (Act No. 13/2009), any act which infringes the provisions providing protection against acts of discrimination and interference should constitute an offence and incur the payment of damages. The amount of damages applicable for acts of anti-union discrimination against trade union members or officials is not, however, specified in the Act. The Committee notes that the Government reiterates that this matter will be duly taken into account during the current revision of the Labour Code. Recalling that it is important that the forthcoming version of the Labour Code covers all acts of anti-union interference and discrimination and that it provides for sufficiently dissuasive penalties, the Committee requests the Government to provide information on any new developments in this regard and to send a copy of the Labour Code once it has been adopted.

Article 4. Promotion of collective bargaining. Referring to its previous comments concerning compulsory arbitration in the context of collective bargaining, the Committee noted that the collective bargaining dispute settlement procedure provided for in section 143 ff. of the Labour Code culminates, in cases of non-conciliation, in referral, at the initiative of the labour administration, to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee once again recalls that, in order to preserve the principle of voluntary negotiation recognized by the Convention, compulsory arbitration is only acceptable in certain specific conditions, such as in essential services in the strict sense of the term, in the case of disputes involving public servants engaged in the administration of the State (Article 6 of the Convention), or in the case of an acute national crisis. Noting the Government’s statement that its comments will be duly taken into account, the Committee trusts that the Government will take the necessary measures to amend the legislation in such a way that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to arbitration or to the competent legal authority only with the agreement of both parties.

Moreover, with reference to its previous comments, the Committee noted that section 121 of the Labour Code provides that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his or her delegate or representatives of the labour inspection participating as advisers. In the absence of any new information from the Government on this matter, the Committee recalls that such a provision may restrict the principle of free and voluntary negotiation of the parties established by the Convention. The Committee once again requests the Government to take the necessary measures to amend section 121 of the Labour Code so as to ensure that the parties can freely determine the modalities of collective bargaining and in particular that they can decide as to whether or not a representative of the labour administration may be present.

With regard to the question of the extension of collective agreements, the Committee in its previous observations noted that, under section 133 of the Labour Code, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational and territorial scope of the agreement. The Committee notes the Government’s reiteration that, in practice, the extension of a collective agreement is possible only subject to in-depth tripartite consultations. The Committee requests the Government to indicate the institutional framework in which these tripartite consultations take place, and to provide information on recent extension procedures.

Collective bargaining in practice. Noting the Government’s statement that it is committed to promoting collective bargaining, the Committee trusts that measures will be taken in this direction and that the Government will 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.

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received 31 August 2014 and 1 September 2014. It requests the Government to send its comments.

The Committee notes the recent adoption of the new law on the general status of public service (Act 86/2013 of 11 September 2013) and requests the Government to clarify its impact on the rights protected in the Convention in Articles 1, 2 and 4.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Articles 1 and 2 of the Convention. Anti-union discrimination and interference. In its previous comments the Committee asked the Government to take steps to establish sufficiently dissuasive penalties for acts of anti-union interference and discrimination particularly concerning the amount of legal compensation of trade union affiliates. The Committee noted that, according to the provisions of section 114 of the new Labour Law (Law 13/2009), any act which infringes the provisions providing protection against acts of discrimination and interference should constitute an offence and incur the payment of damages. In this regard the Committee requested the Government to provide further information on the amount of damages applicable for acts of discrimination against trade union members or officials, other than the dismissal of trade unions representatives established in article 33 of the Labour Law. The Committee notes that, according to the government report, such acts can be punished by a term of imprisonment not exceeding two months and a fine ranging from 50,000 to 300,000 Rwandan francs (RWF) (approximately between US$80 and $480) (section 169 of the Labour Law). The Committee notes that the Government recognizes in its report that the Law 13/2009 does not specify the amount of damages applicable to acts of anti union discrimination against trade union members or officials; this issue will be addressed accordingly in reviewing the Labour Code by making clear that the amount of damages provided under article 33 of the Labour Law can also apply to acts of discrimination against trade union members or officials. The Committee requests the Government to provide information on any developments in this regard and underlines the importance that the future version of the Labour Law applies to all acts of anti-union discrimination and interference in respect of compensation. The Committee further requests the Government to provide information on the application in practice of the sanctions established in Law 13/2009.

Article 4. Collective bargaining and arbitration. With reference to its previous comments concerning compulsory arbitration in the context of collective bargaining, the Committee noted that the collective bargaining dispute settlement procedure provided for in section 143 ff. of the Labour Law culminates, in cases of non-conciliation, in referral to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee recalls once again that, except for the cases of public servants engaged in the administration of the State and essential services in the strict sense of the term, arbitration imposed by authorities is contrary to the principle of voluntary negotiation of collective agreements established by the Convention, and thus the autonomy of bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee once again requests the Government to take the necessary steps to amend the legislation in such a way that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to arbitration or to the competent legal authority only with the agreement of both parties.

Moreover, with reference to its previous comments, the Committee noted that section 121 of the Labour Law provided that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his/her delegate or representatives of the Administration participating as advisers. The Committee notes that, according to the Government’s report, such a commission is made up of an equal number of employers’ and workers’ organizations so that negotiations are carried out on an equal footing and the outcome of the negotiations finally reflects the agreement of both parties, and that this provision could rather promote the negotiation of collective agreements. Nevertheless, the Committee recalls once again that such a provision may restrict the principle of free and voluntary negotiation of the parties established by the Convention. The Committee requests the Government to take the necessary measures to amend section 121 of the Labour Law so that the joint committee to negotiate a collective agreement operates without the presence of a representative of the labour administration.

With regard to the question of the extension of collective agreements, the Committee in its previous observations noted that, under section 133 of the Labour Law, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational territorial scope of the agreement. The Committee notes that, according to the Government’s report, in practice the extension of a collective agreement can be possible only subject to in-depth tripartite consultations. The Committee requests the Government to take the necessary measures to ensure that extension of collective agreements is not done unilaterally.

Collective bargaining in practice. Finally, in its previous comments, the Committee requested the Government to supply information on the activities of the National Labour Council with regard to collective bargaining, on the number of collective agreements concluded, and on the sectors and numbers of workers covered. The Committee notes that, according to the Government, one collective agreement was signed on 1 January 2012 between the Congress of Labour and Brotherhood of Rwanda (COTRAV) and the Workers’ Trade Union Confederation of Rwanda (CESTRAR) and, on the other hand, the Rwandan Society for Tea Production and Commercialization (SORWATHE Ltd) covering between 700 and 1,000 workers in the tea sector. The Government adds that the two abovementioned trade unions have sent their representatives to the National Labour Council. The Committee also notes that, according to the Government, the National Labour Council is a tripartite organism whose responsibilities are giving advice on bills and draft regulations concerning labour and social security, assisting in the application of laws and regulations, identifying all the shortcomings in the field of labour laws and proposing amendments, among others. The Committee underlines the need to further promote collective bargaining and again requests the Government to take measures in this direction and to provide information on the National Labour Council’s activities in the field of collective bargaining and on the number of collective agreements concluded, including the number of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee takes note of the comments made by the International Trade Union Confederation (ITUC) in communications dated 4 August 2011 and 31 July 2012 with regard to dismissals of trade unions’ representatives or affiliates and to matters previously raised by the Committee. The Committee notes the Government’s response to the 2011 ITUC comments.

Articles 1 and 2 of the Convention. In its previous comments the Committee asked the Government to take steps to establish sufficiently dissuasive penalties for acts of anti-union interference and discrimination particularly concerning the amount of legal compensation of trade union affiliates. The Committee noted that, according to the provisions of section 114 of the new Labour Law (Law 13/2009), any act which infringes the provisions providing protection against acts of discrimination and interference should constitute an offence and incur the payment of damages. In this regard the Committee requested the Government to provide further information on the amount of damages applicable for acts of discrimination against trade union members or officials, other than the dismissal of trade unions representatives established in article 33 of the Labour Law. The Committee notes that, according to the government report, such acts can be punished by a term of imprisonment not exceeding two months and a fine ranging from 50,000 to 300,000 Rwandan francs (RWF) (approximately between US$80 and $480) (section 169 of the Labour Law). The Committee notes that the Government recognizes in its report that the Law 13/2009 does not specify the amount of damages applicable to acts of anti union discrimination against trade union members or officials; this issue will be addressed accordingly in reviewing the Labour Code by making clear that the amount of damages provided under article 33 of the Labour Law can also apply to acts of discrimination against trade union members or officials. The Committee requests the Government to provide information on any developments in this regard and underlines the importance that the future version of the Labour Law applies to all acts of anti-union discrimination and interference in respect of compensation. The Committee further requests the Government to provide information on the application in practice of the sanctions established in Law 13/2009.

Article 4. With reference to its previous comments concerning compulsory arbitration in the context of collective bargaining, the Committee noted that the collective bargaining dispute settlement procedure provided for in section 143 ff. of the Labour Law culminates, in cases of non-conciliation, in referral to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee recalls once again that, except for the cases of public servants engaged in the administration of the State and essential services in the strict sense of the term, arbitration imposed by authorities is contrary to the principle of voluntary negotiation of collective agreements established by the Convention, and thus the autonomy of bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee once again requests the Government to take the necessary steps to amend the legislation in such a way that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to arbitration or to the competent legal authority only with the agreement of both parties.

Moreover, with reference to its previous comments, the Committee noted that section 121 of the Labour Law provided that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his/her delegate or representatives of the Administration participating as advisers. The Committee notes that, according to the Government’s report, such a commission is made up of an equal number of employers’ and workers’ organizations so that negotiations are carried out on an equal footing and the outcome of the negotiations finally reflects the agreement of both parties, and that this provision could rather promote the negotiation of collective agreements. Nevertheless, the Committee recalls once again that such a provision may restrict the principle of free and voluntary negotiation of the parties established by the Convention. The Committee requests the Government to take the necessary measures to amend section 121 of the Labour Law so that the joint committee to negotiate a collective agreement operates without the presence of a representative of the labour administration.

With regard to the question of the extension of collective agreements, the Committee in its previous observations noted that, under section 133 of the Labour Law, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational territorial scope of the agreement. The Committee notes that, according to the Government’s report, in practice the extension of a collective agreement can be possible only subject to in-depth tripartite consultations. The Committee requests the Government to take the necessary measures to ensure that extension of collective agreements is not done unilaterally.

Article 6. In its previous observations the Committee noted that, under section 3 of the Labour Law, any person governed by the general or individual public service regulations is not subject to the provisions of the code other than for matters determined by an Order of the Prime Minister. The Committee notes that the Government indicates that the Law on the General Statute of Public Servants is being revised and will be sent shortly after it is adopted and that full legislative expression on public servants’ right to organize and to collective bargaining has been provided. The Committee hopes that the new Law on the General Statute of Public Servants will enshrine the requirements and provisions set up in the Convention for public servants other than those employed in the Administration of the State and requests the Government to send a copy of this Law upon its adoption.

Collective bargaining in practice. Finally, in its previous comments, the Committee requested the Government to supply information on the activities of the National Labour Council with regard to collective bargaining, on the number of collective agreements concluded, and on the sectors and numbers of workers covered. The Committee notes that, according to the Government, one collective agreement was signed on 1 January 2012 between the Congress of Labour and Brotherhood of Rwanda (COTRAV) and the Workers’ Trade Union Confederation of Rwanda (CESTRAR) and, on the other hand, the Rwandan Society for Tea Production and Commercialization (SORWATHE Ltd) covering between 700 and 1,000 workers in the tea sector. The Government adds that the two abovementioned trade unions have sent their representatives to the National Labour Council. The Committee also notes that, according to the Government, the National Labour Council is a tripartite organism whose responsibilities are giving advice on bills and draft regulations concerning labour and social security, assisting in the application of laws and regulations, identifying all the shortcomings in the field of labour laws and proposing amendments, among others. The Committee underlines the need to further promote collective bargaining and again requests the Government to take measures in this direction and to provide information on the National Labour Council’s activities in the field of collective bargaining and on the number of collective agreements concluded, including the number of workers covered.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 2 of the Convention. In its previous comments the Committee asked the Government to take steps to establish sufficiently dissuasive penalties for acts of anti-union interference and discrimination. The Committee noted that, according to the provisions of section 114 of the new Labour Code, any act which infringes the provisions providing protection against acts of discrimination and interference shall constitute an offence and incur the payment of damages. The Committee noted that the amount of damages has not been fixed, except for wrongful termination of an unemployment contract, as laid down by section 33 of the Code. In the latter case, the damages vary from three to six months’ wages, and may amount to as much as nine months’ pay where the worker has more than ten years’ service with the same employer, or where staff delegates or union representatives are concerned. The Committee requests the Government to provide further information on the amount of damages applicable for acts of discrimination against trade union members or officials, other than the dismissal of trade union representatives.

Article 4. With reference to its previous comments concerning compulsory arbitration in the context of collective bargaining, the Committee noted with regret that the collective dispute settlement procedure provided for in section 143 ff. of the new Code culminates, in cases of non-conciliation, in referral to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee recalls that, except for the cases of public servants engaged in the administration of the State and essential services in the strict sense of the term, arbitration imposed by the authorities or at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention, and thus the autonomy of bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee requests the Government to take the necessary steps to amend the legislation in such a way that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of both parties.

Moreover, with reference to its previous comments, the Committee noted that section 121 of the Code provides that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his delegate or the competent labour inspector. The Committee recalls that such a provision may well restrict the principle of free and voluntary negotiation of the parties within the meaning of the Convention, and even of being applied where one party wishes to have a new collective agreement even before the existing agreement has expired. The Committee requests the Government to take steps to amend section 121 of the Labour Code so that recourse to a joint committee for negotiating a collective agreement is possible only with the agreement of both parties.

With regard to the question of the extension of collective agreements, the Committee noted that, under section 133 of the Labour Code, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational and territorial scope of the agreement. The Committee requests the Government to take the necessary steps to amend the legislation so that the extension of collective agreements is the subject of in-depth tripartite consultations (even where provision is made, as is the case in section 136 of the Code, for the parties affected by the application of an extended collective agreement to file a request for an exemption with the Minister of Labour).

Article 6. With reference to its previous comments, the Committee noted that, under section 3 of the Code, any person governed by the general or individual public service regulations is not subject to the provisions of the Code other than for matters determined by an Order of the Prime Minister. The Committee regrets that the national authorities have not taken the opportunity afforded by the reform of the Labour Code to guarantee the right to collective bargaining for public servants covered by the Convention and requests the Government to indicate any measures taken or contemplated to this end.

Finally, the Committee requests the Government to supply information in its next report on the activities of the National Labour Council with regard to collective bargaining, on the number of collective agreements concluded, and on the sectors and numbers of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Finally, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011, which refer to matters previously raised by the Committee, as well as mass dismissals in the tobacco sector. It requests the Government to provide its observations thereon.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. In its previous comments the Committee asked the Government to take steps to establish sufficiently dissuasive penalties for acts of anti-union interference and discrimination. The Committee noted that, according to the provisions of section 114 of the new Labour Code, any act which infringes the provisions providing protection against acts of discrimination and interference shall constitute an offence and incur the payment of damages. The Committee noted that the amount of damages has not been fixed, except for wrongful termination of an unemployment contract, as laid down by section 33 of the Code. In the latter case, the damages vary from three to six months’ wages, and may amount to as much as nine months’ pay where the worker has more than ten years’ service with the same employer, or where staff delegates or union representatives are concerned. The Committee requests the Government to provide further information on the amount of damages applicable for acts of discrimination against trade union members or officials, other than the dismissal of trade union representatives.

Article 4. With reference to its previous comments concerning compulsory arbitration in the context of collective bargaining, the Committee noted with regret that the collective dispute settlement procedure provided for in section 143 ff. of the new Code culminates, in cases of non-conciliation, in referral to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee recalls that, except for the cases of public servants engaged in the administration of the State and essential services in the strict sense of the term, arbitration imposed by the authorities or at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention, and thus the autonomy of bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee requests the Government to take the necessary steps to amend the legislation in such a way that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of both parties.

Moreover, with reference to its previous comments, the Committee noted that section 121 of the Code provides that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his delegate or the competent labour inspector. The Committee recalls that such a provision may well restrict the principle of free and voluntary negotiation of the parties within the meaning of the Convention, and even of being applied where one party wishes to have a new collective agreement even before the existing agreement has expired. The Committee requests the Government to take steps to amend section 121 of the Labour Code so that recourse to a joint committee for negotiating a collective agreement is possible only with the agreement of both parties.

With regard to the question of the extension of collective agreements, the Committee noted that, under section 133 of the Labour Code, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational and territorial scope of the agreement. The Committee requests the Government to take the necessary steps to amend the legislation so that the extension of collective agreements is the subject of in-depth tripartite consultations (even where provision is made, as is the case in section 136 of the Code, for the parties affected by the application of an extended collective agreement to file a request for an exemption with the Minister of Labour).

Article 6. With reference to its previous comments, the Committee noted that, under section 3 of the Code, any person governed by the general or individual public service regulations is not subject to the provisions of the Code other than for matters determined by an Order of the Prime Minister. The Committee regrets that the national authorities have not taken the opportunity afforded by the reform of the Labour Code to guarantee the right to collective bargaining for public servants covered by the Convention and requests the Government to indicate any measures taken or contemplated to this end.

Finally, the Committee requests the Government to supply information in its next report on the activities of the National Labour Council with regard to collective bargaining, on the number of collective agreements concluded, and on the sectors and numbers of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes the comments made by the International Trade Union Confederation (ITUC) dated 24 August 2010. It requests the Government to send its observations on this matter.

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The Committee notes the comments made by the International Trade Union Confederation (ITUC) dated 26 August 2009. It requests the Government to send its observations on this matter.

The Committee also notes the adoption of Act No. 13/2009 of 27 May 2009 issuing the new Labour Code.

Articles 1 and 2 of the Convention. In its previous comments the Committee asked the Government to take steps to establish sufficiently dissuasive penalties for acts of anti-union interference and discrimination. The Committee notes that, according to the provisions of section 114 of the new Labour Code, any act which infringes the provisions providing protection against acts of discrimination and interference shall constitute an offence and incur the payment of damages. The Committee notes that the amount of damages has not been fixed, except for wrongful termination of an unemployment contract, as laid down by section 33 of the Code. In the latter case, the damages vary from three to six months’ wages, and may amount to as much as nine months’ pay where the worker has more than ten years’ service with the same employer, or where staff delegates or union representatives are concerned. The Committee requests the Government to provide further information on the amount of damages applicable for acts of discrimination against trade union members or officials, other than the dismissal of trade union representatives.

Article 4. With reference to its previous comments concerning compulsory arbitration in the context of collective bargaining, the Committee notes with regret that the collective dispute settlement procedure provided for in section 143 ff. of the new Code culminates, in cases of non-conciliation, in referral to an arbitration committee whose decisions may be the subject of an appeal to the competent jurisdiction, whose decision shall be binding. The Committee recalls that, except for the cases of public servants engaged in the administration of the State and essential services in the strict sense of the term, arbitration imposed by the authorities or at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention, and thus the autonomy of bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee requests the Government to take the necessary steps to amend the legislation in such a way that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of both parties.

Moreover, with reference to its pervious comments, the Committee notes that section 121 of the Code provides that, at the request of a representative organization of workers or employers, the collective agreement shall be negotiated within a joint committee convened by the Minister of Labour or his delegate or the competent labour inspector. The Committee recalls that such a provision may well restrict the principle of free and voluntary negotiation of the parties within the meaning of the Convention, and even of being applied where one party wishes to have a new collective agreement even before the existing agreement has expired. The Committee requests the Government to take steps to amend section 121 of the Labour Code so that recourse to a joint committee for negotiating a collective agreement is possible only with the agreement of both parties.

With regard to the question of the extension of collective agreements, the Committee notes that, under section 133 of the Labour Code, at the request of a representative workers’ or employers’ organization, whether or not it is a party to the agreement or on its own initiative, the Minister of Labour may make all or some of the provisions of a collective agreement binding on all employers and workers covered by the occupational and territorial scope of the agreement. The Committee requests the Government to take the necessary steps to amend the legislation so that the extension of collective agreements is the subject of in-depth tripartite consultations (even where provision is made, as is the case in section 136 of the Code, for the parties affected by the application of an extended collective agreement to file a request for an exemption with the Minister of Labour).

Article 6. With reference to its previous comments, the Committee notes that, under section 3 of the Code, any person governed by the general or individual public service regulations is not subject to the provisions of the Code other than for matters determined by an Order of the Prime Minister. The Committee regrets that the national authorities have not taken the opportunity afforded by the reform of the Labour Code to guarantee the right to collective bargaining for public servants covered by the Convention and requests the Government to indicate any measures taken or contemplated to this end.

Finally, the Committee requests the Government to supply information in its next report on the activities of the National Labour Council with regard to collective bargaining, on the number of collective agreements concluded, and on the sectors and numbers of workers covered.

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The Committee notes that the Government’s report has not been received. It takes note of the observations of 29 August 2008 by the International Trade Union Confederation (ITUC) on the application of the Convention. The Committee recalls that in its previous comments it noted that the draft Labour Code, dated September 2006, omitted some of the comments it has been making for many years on the legislation of Rwanda.

Articles 1, 2 and 3 of the Convention. The Committee recalls that the national legislation does not make express provision for rapid appeal procedures, coupled with effective and sufficiently dissuasive sanctions against acts of interference and anti-union discrimination. The Committee requests the Government to take the necessary steps to prohibit, in the draft Labour Code or some other legislative text, all acts of interference by employers’ and workers’ organizations in each other’s affairs, and all acts of anti-union discrimination, and to make provision for sufficiently dissuasive sanctions to this end, not only in the case of staff delegates.

Article 4. In its previous comments, the Committee took note of a draft Ministerial Order on the establishment and running of the Conciliation Council issued pursuant to section 183 of the Labour Code. It reminded the Government that apart from the case of public officials exercising authority in the name of the State and essential services in the strict sense of the term, arbitration imposed by the authorities or at the request of only one party is as a rule contrary to the principle of voluntary negotiation of collective agreements established by the Convention, and hence to the autonomy of the bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee again asks the Government to amend section 183 of the Labour Code (section 222 of the draft Labour Code) so that, other than in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of both parties.

The Committee’s earlier comments also referred to section 136 of the draft Labour Code, which provides that, at the request of one of the representative workers’ or employers’ organizations, the collective agreement shall be negotiated in a joint committee convened by the Minister of Labour. The Committee pointed out that such a provision was liable to restrict the principle of free and voluntary bargaining within the meaning of the Convention. The Committee asks the Government to amend section 136 of the draft Labour Code so as to require the agreement of both parties for negotiation of the collective agreement in a joint committee.

The Committee also asks the Government to indicate whether the draft Ministerial Order issued pursuant to section 116 of the Labour Code to establish requirements for the deposit, registry and publication of collective agreements has been adopted. If so, please provide a copy of the text.

The Committee trusts that the Government will take all necessary steps to amend the draft Labour Code taking due account of the principles referred to above.

Article 6. The Committee notes that according to a communication of November 2006, the Government was planning to amend the Labour Code so as to provide, in section 2(2), that “anyone employed under regulations in a public department of Rwanda is not subject to the present law other than for matters determined by an order of the Prime Minister”, and that it was planning thereafter for an order to be issued to extend to public servants the arrangements for establishing and joining unions, filing claims and collective bargaining. The Committee also notes that, according to the ITUC, the national legislation contains no specific provisions on the trade union rights of public servants. The Committee requests the Government to indicate any measures taken or envisaged to establish by law (Labour Code or otherwise) the right to collective bargaining of public servants, covered by the Convention.

The Committee once again reminds the Government that it may call upon the Office for technical assistance with any or all of the issues raised in this observation.

Lastly, the Committee requests the Government to provide information in its next report on the work of the National Labour Council in the area of collective bargaining, and on the number of collective agreements concluded and the sectors and number of workers covered.

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Article 4 of the Convention. The Committee notes the draft ministerial order under section 116 of the Labour Code establishing the conditions for the deposit, registration and publication of collective agreements. The Committee requests the Government to inform it as soon as possible of the adoption of this ministerial order and, when it has been adopted, to provide a copy.

Article 6. The Committee requests the Government to confirm that Act No. 22/2002 of 9 July 2002 issuing the general conditions of service of the Rwandan public service continues to grant the right to collective bargaining to all public officials and that the future Labour Code does not envisage limitations on this right.

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The Committee notes the Government’s reply to the comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) of August 2006 with regard to acts of anti-union discrimination, including cases of unjustified dismissal of trade union leaders. In its reply, the Government indicates that under the terms of section 158 of the Labour Code, trade union delegates benefit from the same protection as staff delegates, particularly in respect of dismissal. It also describes the inquiries conducted into the cases of dismissal referred to by the ICFTU and the action taken. The Committee notes the indication that, in view of the delay in the labour administration being informed of the cases and intervening to enforce the law, the Government wishes to take measures, through workers’ education activities, to raise the awareness of workers and trade unionists concerning the protection afforded by the law and that employers will be called upon to comply strictly with the protection of trade union delegates. The Committee notes this information and hopes that the planned activities will contribute to improving the application of the Convention.

The Committee notes the draft new Labour Code, dated September 2006, forwarded by the Government. The Committee regrets to note that, even though it is indicated in the preamble that the amendments are made to give effect to the recommendations made to the Government by the International Labour Office, the draft Labour Code does not take into account certain of the comments that it has been making for many years on the provisions applying the Convention.

Articles 1, 2 and 3 of the Convention. In its previous comments, the Committee recalled that the legislation should make express provision for rapid appeal procedures, coupled with effective and sufficiently dissuasive sanctions against acts of interference and anti-union discrimination. The Committee requests the Government to take the necessary measures to prohibit, in the draft text of the new Labour Code or in any other legislative text, any acts of interference by employers’ and workers’ organizations in each other’s affairs or of anti-union discrimination, and to adopt dissuasive sanctions for this purpose, not only in the case of staff delegates.

Article 4. The Committee previously requested clarifications concerning collective disputes and, more specifically, section 183 of the Labour Code, and it noted the Government’s indication that a collective labour dispute in the context of collective bargaining may be submitted by both parties or by either of them individually to the competent legal authority the decisions of which are binding. The Committee also notes the draft ministerial order on the establishment and functioning of the conciliation board, issued under section 183 of the Labour Code. It requests the Government to keep it informed of the adoption of this ministerial order. The Committee recalls that, with the exception of public servants engaged in the administration of the State and essential services in the strict sense of the term, arbitration imposed by the authorities at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention, and therefore the autonomy of the bargaining partners (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 257). The Committee therefore requests the Government to amend section 183 of the Labour Code (section 222 of the new draft Labour Code) so that, except in the circumstances referred to above, a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of both parties.

The Committee also notes that, under the terms of section 136 of the new draft Labour Code, at the request of one of the representative organizations of workers or of employers, the collective agreement shall be negotiated in a joint commission convened by the Minister of Labour. In this respect, the Committee recalls that this provision is liable to restrict the principle of free and voluntary bargaining by the parties and it requests the Government to amend section 136 of the new draft Labour Code by establishing that recourse to a joint commission can only generally be had with the agreement of both parties.

The Committee urges the Government to take the necessary measures to amend the draft new Labour Code taking into account the principles described above and it trusts that in its next report the Government will indicate real progress in bringing the legislation into conformity with the Convention. In this regard, the Committee recalls that the Government may call upon the technical assistance of the Office.

Article 4. In its previous comments, the Committee requested the Government to adopt measures to encourage and promote the widest possible use of voluntary negotiation procedures and of collective agreements in the country. Noting the information supplied by the Government relating to the adoption of Ministerial Order No. 62/03 of 2 November 2005 on the establishment and operation of the National Labour Council and the list of its members, the Committee requests the Government to continue providing information on the activities of the National Labour Council in relation to collective bargaining, as well as the number of collective agreements concluded, and the sectors and number of workers covered.

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Article 4 of the Convention. In its previous comments, the Committee noted that the Order of the Minister of Labour establishing the conditions for the deposit, registration and publication of collective agreements, under section 116 of the Labour Code, was in the process of being prepared. The Committee requests the Government to indicate whether this Order has been adopted and, if so, to provide a copy.

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The Committee notes the Government’s report. It also notes the observations of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, reporting acts of anti-union discrimination, and particularly cases of the arrest and abusive dismissal of trade union leaders. The Committee requests the Government to reply to these comments in its next report.

Articles 1, 2 and 3 of the Convention. The Committee noted previously that, according to the Association of Christian Trade Unions (ASC/UMURIMO) and the Confederation of Trade Unions of Rwanda (CESTRAR), the new Labour Code does not establish penalties for acts of anti-union discrimination, even though the exercise of the right to organize is in general terms protected by section 159 of the Labour Code.

The Committee notes that the Government refers in its report to the applicable sanctions in cases of anti-union discrimination against trade union delegates.

The Committee also noted that, according to the Congress of Labour and Fraternity in Rwanda (COTRAF-RWANDA), there were still no adequate protection measures against acts of interference by employers in relation to workers’ organizations, particularly with regard to their operation and establishment in enterprises and establishments.

The Committee recalls that legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference (see the 1994 General Survey on freedom of association and collective bargaining, paragraph 232) and anti-union discrimination. The Committee requests the Government to take the necessary measures to prohibit any act of interference by workers’ and employers’ organizations in each others’ affairs, and any act of anti-union discrimination, and to adopt dissuasive penalties applicable to all workers, not solely trade union delegates, towards this end. The Committee further requests the Government to ensure that the above protections are reflected in the draft Labour Code the Government refers to in its report.

Article 4. 1. In its previous comments, the Committee requested the Government to adopt measures to encourage and promote the widest possible use of voluntary negotiation procedures and of collective agreements in the country. In this respect, it noted the comment by CESTRAR that no collective agreement had been concluded due to the lack of measures to encourage and promote collective bargaining. The Committee notes the draft Presidential Order establishing the National Labour Council, and the holding of training seminars on negotiating techniques for the social partners, labour inspectors and labour administration officials. The Committee requests the Government to continue its efforts to adopt measures to encourage and promote the conclusion of collective agreements and to keep it informed in this respect.

2. With regard to the explanations that it had requested previously concerning collective disputes and, more particularly, section 183 of the Labour Code, the Committee noted the Government’s observation that a collective labour dispute in the context of collective bargaining may be submitted by both parties or by either of them to the competent legal authority, whose decisions are enforceable. The Committee notes that it is has not received the draft Ministerial Decree on the application of section 183 of the Labour Code, referred to by the Government in its report. It asks the Government to transmit a copy of the draft Ministerial Decree with its next report. The Committee recalls that, with the exception of public servants engaged in the administration of the State and essential services in the strict meaning of the term, arbitration imposed by the authorities at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention, and therefore the autonomy of the bargaining partners (see General Survey, op. cit., paragraph 257). It therefore requests the Government to amend section 183 of the Labour Code so that a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of both parties.

Article 6. The Committee also requested the Government to indicate which public workers were covered by the exception laid down in section 114(4) of the Labour Code, which provides that collective agreements may be concluded where the staff of public enterprises and establishments are not governed by a specific legal or regulatory status. The Committee noted the information provided by the Government to the effect that the distinction laid down in section 114 of the Labour Code no longer applied since all public officials were now governed by Act No. 22/2002 of 9 July 2002 issuing the conditions of service of public servants in Rwanda. The Committee however noted that Act No. 22/2002 does not contain any provisions relating to the right to collective bargaining. The Committee notes the indications in the Government’s report, according to which no limitations exist in the Labour Code with regards to the fundamental rights of public servants, and that the draft Labour Code extends the right to collective bargaining to public servants.

The Committee recalled the distinction that must be drawn between, on the one hand, public servants who by their functions are directly engaged in the administration of the State (for example, civil servants employed in government ministries and other comparable bodies, as well as their auxiliary staff), who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see General Survey, op. cit., paragraph 200). The Committee therefore once again requests the Government to amend section 114 of the Labour Code so that the exclusions from the scope of the Labour Code respecting the conclusion of collective agreements does not include categories of public servants who are not engaged in the administration of the State.

The Committee hopes that the Government’s next report will allow it to note substantial progress on the various matters raised above.

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The Committee notes the Government’s report and the entry into force of Act No. 22/2002 of 9 July 2002, establishing the conditions of service of public servants in Rwanda.

Article 4 of the Convention. In its previous comments, the Committee requested the Government to send it a copy of the order of the Minister of Labour establishing the conditions for the deposit, registration and publication of collective agreements, in accordance with section 116 of the Labour Code. The Committee notes that the Government’s report indicates that this order is in the process of being prepared and requests the Government to send it a copy once it has been adopted.

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The Committee notes the Government’s report and the entry into force of Act No. 22/2002 of 9 July 2002 establishing the conditions of service of public servants in Rwanda. The Committee also notes the comments made by the Confederation of Trade Unions of Rwanda (CESTRAR), dated 31 August 2004, the Association of Christian Trade Unions (ASC/UMURIMO), dated 4 September 2004, the Congress of Labour and Fraternity in Rwanda (COTRAF), dated 6 September 2004, and the National Council of Free Trade Unions in Rwanda (COSYLI), dated 6 September 2004.

Articles 1 and 3 of the Convention. The Committee notes that the comments made by ASC/UMURIMO and CESTRAR indicate that, although the exercise of the right to organize in general is protected by section 159 of the Labour Code, no provision lays down penalties for violations of this section. The Committee notes that, contrary to the former draft Labour Code, the final articles of the new Labour Code do not impose penalties for acts of anti-union discrimination. The Committee requests the Government to reply to these comments in its next report.

Article 2. The Committee notes the observation made by COTRAF-RWANDA that there are still no appropriate protection measures against any acts of interference by employers with regard to workers’ organizations, especially with regard to the functioning and the establishment of the latter in enterprises and establishments. Recalling that the legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference (see General Survey on freedom of association and collective bargaining, 1994, paragraph 232), and that the current Labour Code does not lay down provisions to this end, the Committee requests the Government to adopt the necessary measures for prohibiting any acts of interference by workers’ and employers’ organizations towards each other and to adopt dissuasive sanctions to this end.

Article 4. 1. In its previous comments, the Committee invited the Government to adopt measures to encourage and promote the widest possible use of voluntary negotiation procedures and of collective agreements in the country. In this regard, the Committee notes the comment by CESTRAR that no collective agreement has been concluded so far for want of measures to encourage and promote collective bargaining. Noting the Government’s observation that the process for the adoption of a draft presidential order establishing the National Labour Council, a tripartite body, is at an advanced stage, and that seminars providing training in negotiation techniques for the social partners, labour inspectors and labour administration officials have taken place, the Committee requests the Government to continue its efforts to adopt measures to encourage and promote the conclusion of collective agreements and to keep it informed in this regard.

2. With regard to the explanations that it requested concerning section 183 of the Labour Code, the Committee notes the Government’s observation to the effect that a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority, whose decisions are enforceable, by both parties or by either of them. Recalling that it considers that, apart from the public servants engaged in the administration of the State and essential services in the strict meaning of the term, arbitration imposed by the authorities at the request of one party is generally contrary to the principle of the voluntary negotiation of collective agreements established by the Convention and thus the autonomy of the bargaining partners (see General Survey, op. cit., paragraph 257), the Committee requests the Government to amend section 183 of the Labour Code so that a collective labour dispute in the context of collective bargaining may be submitted to the competent legal authority only with the agreement of the two parties.

Article 6. In its previous comments, the Committee requested the Government to indicate which public workers were covered by the exception laid down in section 114(4) of the Labour Code, stating that collective agreements may be concluded where staff of public enterprises and establishments are not submitted to a particular legal or regulatory status. The Committee notes the Government’s reply to the effect that the distinction laid down in section 114 of the Labour Code no longer applies since all public officials are now governed by Act No. 22/2002 of 9 July 2002 establishing the conditions of service of public servants in Rwanda. The Committee notes, however, that Act No. 22/2002 does not contain any provision concerning the right to collective bargaining.

The Committee recalls that a distinction must be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State (for example, in some countries, civil servants employed in government ministries and other comparable bodies, as well as auxiliary staff) who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see General Survey, op. cit., paragraph 200). The Committee therefore requests the Government to amend section 114 of the Labour Code so that the exclusion from the scope of the Labour Code concerning the conclusion of collective agreements does not cover categories of public servants who are not engaged in the administration of the State.

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The Committee takes note of Act No. 51 of 30 December 2001 to enact the Labour Code.

The Committee notes that pursuant to section 116 of the Code, an order of the Minister of Labour shall determine the conditions for the deposit, registration and publication of collective agreements. The Committee asks the Government to provide a copy of the order as soon as it has been adopted.

The Committee requests the Government to indicate the public enterprises and public establishments which have specific legal or regulatory status regarding collective agreements (section 114 of the Code) and to send a copy of the legal texts in force that contain provisions on collective bargaining. The Committee also requests the Government to send a copy of the legal provisions governing collective bargaining in the public sector (including the civil service).

The Committee asks the Government to indicate whether a collective labour dispute in the course of collective bargaining may be referred to the competent jurisdiction, whose rulings are binding (sections 183, 185, 186), only at the request of the two parties to the negotiation or whether it may be referred at the request of one party or at the request of the authorities.

In its previous observation, the Committee noted that no collective agreements had been concluded. The Committee hopes that the application of the new Code will allow collective bargaining to be developed in the country and requests the Government to take steps to encourage and promote the conclusion of collective agreements.

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The Committee notes the Government’s report.

Article 1 of the Convention. The Committee had previously drawn the Government’s attention to the need to take measures to ensure adequate protection for workers against acts of anti-union discrimination, combined with sufficiently dissuasive and effective sanctions, and it had requested it to keep the Committee informed of the progress achieved in the adoption of the new Labour Code.

The Committee notes with interest that, according to the Government, section 160 of the draft Labour Code protects all workers, including agricultural workers, against acts of anti-union discrimination, and provides for dissuasive sanctions to this effect. However, noting that the Government has been referring to this draft Labour Code since 1997, the Committee hopes that it will be adopted rapidly and requests the Government to provide the text as soon as possible.

Article 4. The Committee had previously requested the Government to keep it informed of any developments concerning the conclusion of collective agreements in the country. The Government reiterates that no collective agreement has been concluded up to the present. Furthermore, the Committee notes with regret that, contrary to the intentions expressed previously by the Government concerning the promotion of collective bargaining, the draft Labour Code does not envisage permanent consultation machinery.

The Committee draws the Government’s attention to its comments concerning bodies and procedures intended to facilitate collective bargaining (1994 General Survey on freedom of association and collective bargaining, paragraphs 244-247) and invites it to establish such machinery with a view to facilitating and promoting the broadest utilization of procedures for the voluntary negotiation of collective agreements in the country. It requests the Government to keep it informed of any developments in this respect.

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The Committee notes the Government's report.

1. Article 1 of the Convention. The Committee had drawn the Government's attention to the need to take measures to ensure that agricultural workers excluded from coverage by the Labour Code, as well as workers in general and not only trade union delegates, enjoy adequate protection against acts of anti-union discrimination at the time of recruitment and during the course of employment, and that these measures are coupled with sufficiently dissuasive and effective sanctions. Noting that the Government provides assurances, in its report, that the draft Labour Code will address these shortcomings and that the draft Code is receiving its final reading in the interim National Assembly, the Committee requests the Government to keep it informed of any developments in this regard.

2. Article 4. The Committee had noted in its previous comments that no collective agreement had been concluded. The Committee notes that the Government proposes to establish permanent consultative structures to promote collective bargaining. The Committee hopes that the Government will shortly be in a position to provide information on the collective agreements which have been concluded in Rwanda. The Committee trusts the Government will keep it informed of any developments on the above points.

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The Committee notes the Government's report.

1. Article 1 of the Convention. The Committee had drawn the Government's attention to the need to take measures to ensure that all workers, including agricultural workers, and not only trade union delegates, enjoy adequate protection against acts of anti-union discrimination both at the time of taking up employment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions in accordance with the requirements of the Convention. In its report, the Government indicates that agricultural workers will be included in the scope as soon as the draft Labour Code is adopted. The Committee requests the Government to supply information on progress in the adoption of the Labour Code and to supply the final text once it has been adopted.

2. Article 4. The Committee requested the Government to supply information on how the provision on collective bargaining is applied in practice, including the number of collective agreements concluded, the categories of workers covered, etc. It notes that, according to the Government's report, until now no collective agreement has been concluded in the country. The Committee therefore wishes to emphasize one of the essential components of Article 4 of the Convention, namely the obligation to take measures to promote collective bargaining. It requests the Government to indicate in its next report how it intends to promote collective bargaining on conditions of employment in the country.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged to ensure that all workers, including agricultural workers, and not only trade union delegates, enjoy adequate protection against acts of anti-union discrimination both at the time of taking up employment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions, in accordance with the requirements of the Convention.

2. Article 4. The Committee requests the Government to communicate in its next report information on how this provision is applied in practice, including the number of collective Conventions which have been concluded, the categories of staff covered, etc.

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The Committee notes with regret that the Government's report does not contain a reply to its previous direct request.

1. Article 1 of the Convention. The Committee requests the Government once again to indicate in its next report the measures which have been taken or are envisaged to ensure that all workers, including agricultural workers, and not only trade union delegates, enjoy adequate protection against acts of anti-union discrimination both at the time of taking up employment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions, in accordance with the requirements of the Convention.

2. Article 4. The Committee requests the Government to communicate in its next report information on how this provision is applied in practice, including the number of collective Conventions which have been concluded, the categories of staff covered, etc.

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The Committee notes the Government's report.

1. Article 1 of the Convention. The Government states in its report that the draft text to revise the Labour Code provides for the inclusion in the Code of a new chapter entitled "Concerning the exercise of the right of association", which envisages the recognition in all enterprises of the free exercise of the right to organize and the protection of members of trade union committees.

While noting this information, the Committee reminds the Government that adequate protection against all acts of anti-union discrimination, both at the the time of taking up employment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions, has to be provided to all workers, including agricultural workers. It expresses the firm hope that, during the formulation of the draft text to amend the Labour Code, account will be taken of this principle in order to bring the national legislation into full conformity with the requirements of the Convention. It requests the Government to indicate in its next report any progress achieved in this respect.

2. Article 4. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that, within the framework of the reform of the labour legislation referred to above, it is the intention to strengthen the exercise of the right to organize, increase the flexibility of texts relating to conditions of work and reinforce the freedom to negotiate and conclude agreements with the employer. The Government reiterates that it is the responsibility of the organizations of employers and workers to work together to implement the many provisions of the Labour Code relating to collective bargaining. It adds that a draft collective agreement has been awaited since the adoption in February 1993 of the 40 hour week.

In these circumstances, the Committee once again requests the Government to continue to supply information on any measures which have been taken or are envisaged to further promote the development of the voluntary negotiation of collective agreements with a view to the regulation of terms and conditions of employment, and to supply a copy of any collective agreement which is concluded.

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The Government states in its report that it has taken due note of the Committee's comments concerning Article 1 of the Convention, but that the practice of collective bargaining is almost inexistent despite the explicit provisions in the Labour Code and the fact that the Ministry has continually advised the social partners to try out the bargaining system.

Articles 1 and 4 of the Convention. The Committee however once again requests the Government to indicate in its next report the specific legislative measures which have been taken or are envisaged to ensure that workers, including agricultural workers, enjoy adequate protection against all acts of anti-union discrimination both at the time of taking up employment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions, and to promote the development of the voluntary negotiation of collective agreements as a means of determining terms and conditions of employment.

It would also be grateful if the Government would continue to supply information on the collective bargaining policy and the text of any collective agreement that is adopted.

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The Committee takes note of the Government's first report:

Article 1 of the Convention. The Committee notes that there are no specific provisions in the Labour Code guaranteeing observance of this provision of the Convention, and therefore draws the Government's attention to the need to ensure that workers, including agricultural workers, enjoy adequate protection against all acts of anti-union discrimination on the part of employers, both at the time of taking up employment and during the employment relationship, accompanied by sufficiently effective and dissuasive sanctions.

Article 4. The Committee notes the Government's statement that it has not been possible to adopt measures to promote the voluntary negotiation of collective agreements as the employers' organisation has been in the process of being restructured for several years.

The Committee points out that in circumstances such as this, alternative measures, even of temporary nature, should be taken until the problem of the employers' organisation is resolved.

Accordingly, the Committee trusts that the Government will be able to envisage the adoption of measures to promote the development of machinery for voluntary negotiation of collective agreements between employers and the organisations of workers covered by the Convention i.e. both private and public sector workers, with the exception only of public employees engaged in the administration of the State, with a view to the regulation of their terms and conditions of employment by means of such agreements. The Committee asks the Government to provide information on current practice with regard to collective bargaining in the agricultural sector and to state whether collective agreements are being concluded at enterprise level and, if so, to indicate the number of workers whose conditions of employment are regulated by means of such agreements.