Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Democratic Republic of the Congo (Ratification: 1969)

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:

The Committee notes the conclusions of the Committee on Freedom of Association with regard to Cases Nos. 1818 and 1833 and Cases Nos. 1905 and 1910, made in November 1995 and June 1997, respectively, which refer to acts of interference by employers in the private sector and by the public authorities and the violation of the right to collective bargaining.

Article 1 of the Convention. The Committee notes that section 228 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) prohibits the dismissal of or discrimination against workers by reason of trade union membership or participation in trade union activities and that section 49 of the Labour Code only provides for the payment of compensation in the event that a contract of employment is terminated without due cause. The Committee requests the Government to indicate the protection granted to workers whose contracts are terminated for reasons of trade union membership or activity.

Article 2. The Committee notes that section 229 of the Labour Code obliges employers’ and workers’ organizations to refrain from acts of interference by each other in their establishment, functioning and administration. In this respect, the Committee again requests the Government to provide information on the protection provided against acts of interference by an individual employer.

Article 4. The Committee takes due note of the examination by the Committee on Freedom of Association of the above cases with regard to the refusal by the public authorities to undertake negotiations with the staff of a public service and the refusal to allow certain representative organizations to participate in a joint commission in the public service and requests the Government to specify the measures adopted to encourage and promote the development and utilization of machinery for negotiations between the public authorities and workers’ organizations, including workers’ organizations in public sector enterprises, to regulate the terms and conditions of employment.

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