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The Committee notes the Government's report.
Article 2 of the Convention. The Committee had noted that Act No. 1876 respecting free collective bargaining provides that employers can only conclude collective agreements when they employ at least 50 workers. The Committee notes the Government's indication in its report that workers employed in enterprises with fewer than 50 workers benefit from the protection of sectoral agreements or agreements covering the same occupational category, which may not contain less favourable conditions than those set out in general national collective agreements.
Article 5(2)(e). The Committee had requested the Government to take measures to amend section 16(d) of Act No. 1876 to ensure that both parties, and not one party alone, may have recourse by mutual agreement to compulsory arbitration in cases where the dispute relates to an enterprise agreement or a collective agreement applicable to public sector utilities, corporations or authorities, and one of the parties rejects the proposals of the mediator. The Committee notes the Government's statement in its report that the Directorate concerned in the Ministry is examining the question of whether the above section is contrary to the provisions of the Convention. The Committee recalls that, in general, recourse to compulsory arbitration should be possible only in the context of essential services in the strict sense of the term or in relation to public servants engaged in the administration of the State. It once again requests the Government to take measures to bring its legislation into conformity with the provisions of the Convention and to keep it informed in this respect.