Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Benin (Ratification: 1960)

The Committee notes the information contained in the Government's report to the effect that the Act on the right to strike and the new Labour Code will be sent to the Committee as soon as they have been adopted by the National Assembly.

With reference to its previous comments on the fact that section 8 of Ordinance No. 69-14 PR/MFPTRA of 19 June 1969 on the right to strike provides that personnel in public or private enterprises, organizations and establishments whose operation is necessary to the life of the nation may be deprived of the right to strike when the interruption of their service would harm the economy and the higher interests of the nation, the Committee stressed the need to confine restrictions on the right to strike to cases in which the right to strike can be limited or prohibited, namely to strike to civil servants exercising authority in the name of the State or to services whose interruption would endanger the life, personal safety or health of the whole or part of the population, and to ensure that any restrictions are combined with the appropriate guarantees. The Committee notes that the Government indicated in its previous reports that the Bill which is in process of adoption has taken its comments into account. In this regard, the Committee requests the Government to supply a copy of any legal text which is adopted, including the Labour Code, the Act respecting strikes or any other relevant texts.