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

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Previous comment

Article 2. Right of workers, without distinction whatsoever, to establish and join organizations. Civil servants and domestic workers. In its previous comment, the Committee had requested the Government to provide a copy of the decree-law or other normative text regulating the right to organize of civil servants. The Committee notes with regret that the Government has not provided the information requested. Concerning domestic workers, who pursuant to section 2 of the Labour Code shall be governed by special legislation, the Committee notes the Government’s indication that the Council of Ministers forwarded the draft law on domestic work to a parliamentary committee and that it was scheduled to be discussed with the participation of a tripartite working group on 21 September 2022. The Committee once again requests the Government to provide a copy of the normative text regulating the right to organize of civil servants and expects that the law on domestic work will soon be adopted and requests the Government to provide a copy thereof.

Article 3. Right of organizations to organize their activities and to formulate their programmes. Strike Act (2012). The Committee recalls that for a number of years it has been requesting the Government to ensure that:

• workers’ organizations can exercise the right to strike in relation to the social and economic policies of the Government, beyond their disputes with employers;
• no penal sanction may be imposed on workers for having carried out peaceful strikes and to that end, amend section 24 which establishes a penalty of imprisonment of up to 6 months for organizers of a strike that did not observe the provisions of the Act;
• minimum services may only be imposed in relation to essential services in the strict sense of the term, in services in which strikes of a certain magnitude and duration could cause an acute national crisis, and in public services of fundamental importance; and that any disagreement on minimum services is resolved not by the government authorities, but by a joint or independent body which has the confidence of the parties and to that end, amend sections 18.2 and 18.5 of the Act.

The Committee notes the Government’s indication that neither the Strike Act nor any other law or decree recognizes or regulates the right to strike in relation to issues of social and economic policy. The Committee recalls in this regard that trade unions and employers responsible for defending socio-economic and occupational interests should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members. Furthermore, workers should be able to have recourse to sympathy strikes, provided that the initial strike they are supporting is itself lawful (see the 2012 General Survey on the fundamental Conventions, paragraphs 124–125). The Committee therefore requests the Government, in consultation with the social partners, to amend the Strike Act with a view to ensuring that workers’ organizations can exercise the right to strike in relation to the social and economic policies of the Government and have recourse to sympathy strikes. The Committee further notes the Government’s indication that it will submit its proposal for amendment of section 24 of the Act to a tripartite working group and observes with regret that the Government has not provided any information regarding measures taken to amend sections 18.2 and 18.5 of the Act. The Committee therefore reiterates its longstanding request and urges the Government to provide information on all measures taken to amend the Strike Act in line with the above and on the progress achieved. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s comments on previous observations of the International Trade Union Confederation (ITUC).

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Having observed that section 2 of the Labour Code (Labour Law No. 4/2012) set out that the Code did not apply to civil servants, and that domestic work was to be regulated by special legislation, the Committee requested the Government to indicate the legislative provisions ensuring that civil servants and domestic workers enjoy the guarantees enshrined in the Convention. The Committee notes the Government’s indication that the right to organize of civil servants is recognized in section 115.1 of the Statute of the Civil Service (Law No. 8/2004), which sets out that civil servants have the right to be members of a union or another organization that represents their interests. The Committee observes that section 115.2 of the Statute of the Civil Service further provides that the establishment and functioning of trade unions shall be regulated by a Government decree-law.The Committee requests the Government to provide a copy of the decree-law or other normative text regulating the right to organize of civil servants.

As to domestic workers, the Committee duly notes the Government’s indication that, while there is no specific labor legislation on domestic work yet, all workers enjoy the same rights to organize as regulated in the Labour Code.The Committee requests the Government to provide a copy of the labor legislation on domestic work once adopted.

Article 3. Right of organizations to organize their activities and to formulate their programs. Strike Act. The Committee had requested the Government to provide further information on a number of provisions in the Strike Act No. 5/2012 of 29 February 2012. In this respect, the Committee duly notes the Government’s indication that the voting and quorum requirements under section 9.3 (a majority of workers to have quorum and support of absolute majority of voters to declare a strike) are also applicable to strikes declared by trade unions. The Committee further notes that the Government states that the Strike Act specifically and merely regulates the right of workers to exercise their interests in a dispute with the employer.Recalling that trade unions should be able to resort to strike action to support the position of their members in the search for solutions to problems posed by social and economic policies, the Committee once again requests the Government to indicate whether workers’ organizations can exercise the right to strike beyond their disputes with employers and in relation to the social and economic policies of the Government.

Concerning sanctions for strikes that fail to observe the provisions of the Strike Act, the Committee observes that, while the Government states that the penal code cannot be applied to peaceful strikes, it states so in relation to strikes not contradicting section 18.1 (concerning the provision of minimal services). Moreover, section 24 of the Act sets out, without prejudice to other more aggravating penalties provided in the law, a penalty of imprisonment of up to 6 months for organizers of a strike that did not observe the provisions in the Act. The Committee has emphasized that, while an unlawful exercise of the right to strike may give right to certain sanctions, no penal sanction should be imposed against a worker for having carried out a peaceful strike and on no account should measures of imprisonment be imposed except in cases of violence against persons or property or other serious infringements of rights and only pursuant to legislation punishing such acts.The Committee requests the Government, in consultation with the social partners, to amend section 24 of the Act in order to ensure that no penal sanctions may be imposed on workers for carrying out peaceful strikes.

Concerning the services that the Strike Act refers to as satisfying indispensable needs and in relation to which workers are obliged to ensure the provision of minimal services (section 18.2 of the Act), the Committee observes that while the list includes essential services in the strict sense of the term (such as hospital services) and services of fundamental public importance (such as collective passenger transportation) in relation to which a negotiated minimum service may be required; the list also includes other broadly formulated services (such as “mass media” in general) which may not justify the imposition of a minimum service.The Committee requests the Government, in consultation with the social partners, to amend section 18.2 of the Act in order to ensure that the provision of minimum services may only be imposed in relation to essential services in the strict sense of the term, in services in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population, and in public services of fundamental importance. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Finally, the Committee had observed that the Strike Act provides that, in the absence of agreement for the determination of minimum services, these shall be determined jointly by two members of Government and the government-appointed President of the Civil Service Commission (section 18.5).In the absence of comments by the Government on this matter, and recalling once again that any disagreement on minimum services should be resolved, not by the government authorities, but by a joint or independent body which has the confidence of the parties, the Committee requests the Government to amend section 18.5 of the Act in consultation with the social partners.

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The Committee notes the Government’s comments on previous observations of the International Trade Union Confederation (ITUC).

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Having observed that section 2 of the Labour Code (Labour Law No. 4/2012) set out that the Code did not apply to civil servants, and that domestic work was to be regulated by special legislation, the Committee requested the Government to indicate the legislative provisions ensuring that civil servants and domestic workers enjoy the guarantees enshrined in the Convention.

The Committee notes the Government’s indication that the right to organize of civil servants is recognized in section 115.1 of the Statute of the Civil Service (Law No. 8/2004), which sets out that civil servants have the right to be members of a union or another organization that represents their interests. The Committee observes that section 115.2 of the Statute of the Civil Service further provides that the establishment and functioning of trade unions shall be regulated by a Government decree-law. The Committee requests the Government to provide a copy of the decree-law or other normative text regulating the right to organize of civil servants.

As to domestic workers, the Committee duly notes the Government’s indication that, while there is no specific labor legislation on domestic work yet, all workers enjoy the same rights to organize as regulated in the Labour Code. The Committee requests the Government to provide a copy of the labor legislation on domestic work once adopted.

Article 3. Right of organizations to organize their activities and to formulate their programs. Strike Act. The Committee had requested the Government to provide further information on a number of provisions in the Strike Act No. 5/2012 of 29 February 2012. In this respect, the Committee duly notes the Government’s indication that the voting and quorum requirements under section 9.3 (a majority of workers to have quorum and support of absolute majority of voters to declare a strike) are also applicable to strikes declared by trade unions.

The Committee further notes that the Government states that the Strike Act specifically and merely regulates the right of workers to exercise their interests in a dispute with the employer. Recalling that trade unions should be able to resort to strike action to support the position of their members in the search for solutions to problems posed by social and economic policies, the Committee once again requests the Government to indicate whether workers’ organizations can exercise the right to strike beyond their disputes with employers and in relation to the social and economic policies of the Government.

Concerning sanctions for strikes that fail to observe the provisions of the Strike Act, the Committee observes that, while the Government states that the penal code cannot be applied to peaceful strikes, it states so in relation to strikes not contradicting section 18.1 (concerning the provision of minimal services). Moreover, section 24 of the Act sets out, without prejudice to other more aggravating penalties provided in the law, a penalty of imprisonment of up to 6 months for organizers of a strike that did not observe the provisions in the Act. The Committee has emphasized that, while an unlawful exercise of the right to strike may give right to certain sanctions, no penal sanction should be imposed against a worker for having carried out a peaceful strike and on no account should measures of imprisonment be imposed except in cases of violence against persons or property or other serious infringements of rights and only pursuant to legislation punishing such acts. The Committee requests the Government, in consultation with the social partners, to amend section 24 of the Act in order to ensure that no penal sanctions may be imposed on workers for carrying out peaceful strikes.

Concerning the services that the Strike Act refers to as satisfying indispensable needs and in relation to which workers are obliged to ensure the provision of minimal services (section 18.2 of the Act), the Committee observes that while the list includes essential services in the strict sense of the term (such as hospital services) and services of fundamental public importance (such as collective passenger transportation) in relation to which a negotiated minimum service may be required; the list also includes other broadly formulated services (such as “mass media” in general) which may not justify the imposition of a minimum service. The Committee requests the Government, in consultation with the social partners, to amend section 18.2 of the Act in order to ensure that the provision of minimum services may only be imposed in relation to essential services in the strict sense of the term, in services in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population, and in public services of fundamental importance. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Finally, the Committee had observed that the Strike Act provides that, in the absence of agreement for the determination of minimum services, these shall be determined jointly by two members of Government and the government-appointed President of the Civil Service Commission (section 18.5). In the absence of comments by the Government on this matter, and recalling once again that any disagreement on minimum services should be resolved, not by the government authorities, but by a joint or independent body which has the confidence of the parties, the Committee requests the Government to amend section 18.5 of the Act in consultation with the social partners.

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

Repetition

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

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

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

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

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

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

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

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

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

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

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

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

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

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

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016 which are of a general nature.

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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

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

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

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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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

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

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

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

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The Committee notes the observations from the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee observes with interest the adoption of a new Strike Act (Act No. 5/2012 of 29 February 2012), which applies to all workers, including civil servants and agents of the public administration, and prohibits any discrimination against workers for adhering or not adhering to a strike.

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

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The Committee notes the Government’s first report as well as the adoption on 21 February 2012 of Act No. 4/2012 enacting the Labour Code.

The Committee further notes the comments of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention, in particular, alleging the arrests of trade unionists and affiliates in the hotel sector. The Committee requests the Government to provide its observations thereon as well as on the 2011 ITUC comments.

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

Article 3. Specific regulations concerning the right to strike. The Committee notes that, according to article 51(1) and (2) of the Constitution and section 95(3) of the new Labour Code, the exercise of the right to strike, including the conditions for the provision of minimum services, is to be regulated by specific legislation. Noting also the Government’s indication that a draft strike law has been submitted to Parliament, the Committee requests the Government to supply a copy of the law on strikes once adopted.

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The Committee notes that the Government’s first report has not been received. The Committee requests the Government to provide detailed information concerning the application of each Article of the Convention in law and in practice, as well as to supply copies of the relevant legislation.

The Committee also notes the comments of the International Trade Union Confederation (ITUC) dated 4 August 2011 on the application of the Convention. The Committee requests the Government to provide its observations thereon.