Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Yemen (Ratification: 1969)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 1 of the Convention. In its previous comments, the Committee had noted that the draft Trade Union Act did not include specific provisions accompanied by effective and sufficiently dissuasive sanctions that guaranteed the protection of workers against acts of anti-union discrimination by employers, and had requested the Government to amend the draft Act to ensure such protection. The Government indicates in its report that the draft Trade Union Act has been referred to Parliament. The Committee also notes the Government’s statement that prior to the discussion of the Act in Parliament, it shall be discussed by the Labour Force Committee and social partners, at which moment the Committee’s observations shall be brought to their attention. The Committee requests the Government to ensure that the reformulated draft Trade Union Act guarantees the protection of workers against all acts of anti-union discrimination by employers.

Article 2. In its previous comments, the Committee had urged the Government to ensure that the draft Trade Union Act contained provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions to protect workers’ organizations against acts of interference by employers. In its report, the Government indicates that section 8 of the draft Trade Union Act prohibits direct and indirect interference in the functioning of trade union organizations, and that no person may be coerced into joining or withdrawing from an organization or from exercising their trade union rights. The Government also indicates that section 136(4) of the Labour Code provides that all cases relating to labour matters shall be considered urgent, and that according to section 136(1) of the Labour Code, litigating parties wishing to appeal an award of the Arbitration Committee may submit a petition for an appeal to the Labour Division of the competent Court of Appeal within one month of the notification of the award. Furthermore, the Government indicates that it will make every effort to include the penalties provided for under Article 2 of the Convention in the draft Trade Union Act during discussions between the Labour Force Committee and social partners. The Committee notes the Government’s statement and recalls the need to adopt specific provisions accompanied by sufficiently effective and dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations. The Committee requests the Government to ensure that the draft Trade Union Act will contain such provisions.

Article 4. (a) In its previous comments, the Committee had requested the Government to further promote collective bargaining and to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country. The Government indicates in its report that it will try to gather more statistics and will forward them to the Committee. The Committee expresses the firm hope that the Government will provide it with these statistics in the very near future.

(b) In its previous comments, the Committee had also requested the Government to amend sections 32(6) and 34(2) of the Labour Code so that refusal to register a collective agreement would be possible only due to a procedural flaw or because it did not conform to the minimum standards laid down by the labour legislation. The Government indicates in its report that it will endeavour to reformulate the provisions in order to put them in line with the Convention after consultation with social partners. The Committee notes the Government’s statement and requests the Government to ensure that sections 32(6) and 34(2) of the Labour Code are amended so that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation.

The Committee requests the Government to keep it informed of developments regarding all the abovementioned points.

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