Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Nicaragua (Ratification: 1967)

The Committee notes the Government's report and recalls that its previous comments referred to:

- the need to obtain the approval of the Ministry of Labour before collective agreements can come into force (Decree No. 530 of 24/09/1980, section 1); and

- the need for the Government to refrain from any intervention in collective bargaining and to confine itself to promoting collective bargaining.

The Committee notes with interest that section 4 of Act No. 97, of 19 April 1990, to reform and supplement the Labour Code, repeals Decree No. 530 (of 24/09/1980) which empowered the Ministry of Labour to approve collective agreements. It also notes the adoption of Act No. 102 of 23 May 1990, which repeals almost all of the provisions of Act No. 97 above, leaves in force section 4. The Committee also notes that, according to the Government, collective bargaining is currently bilateral and free and, also insofar as the negotiation of wages is concerned, takes place without interference by the Ministry of Labour.

The Committee requests the Government to make specific mention in its next report of the measures which have been adopted, both in law and in practice, to promote collective bargaining and to refrain from any intervention which could restrict the freedom to conclude collective agreements, as recommended by the Commission of Inquiry in 1990.