Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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.

The Committee also notes the comments sent on 23 August 2005 by the Trade Union Confederation of the Congo (CSC) and the World Confederation of Labour (WCL). These organizations report acts of discrimination in private companies, threats to dismiss union members in the SOSIDER-SOSTEEL company, despite the fact that section 234 of the Labour Code prohibits acts of anti-union discrimination, and the existence of many trade unions established and financed by employers. The Committee requests the Government to respond to these comments.

Article 2 of the Convention. The Committee pointed out previously that, although section 235 of the new Labour Code prohibits all acts of interference by employers’ and workers’ organizations in each others’ affairs, section 236 provides that acts of interference shall be defined more specifically by Ministerial Order. Noting the observations of the WCL and the CSC concerning trade unions created and financed by employers, the Committee once again asks the Government to send a copy of the Ministerial Order as soon as it is adopted.

Article 6. With regard to collective bargaining in the public sector, the Committee noted previously that section 1 of the Code, which defines its scope, expressly excludes from the Code career members of state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services) and career employees and officials of state public services who are governed by specific conditions of service. Noting that in its comments of 31 May 2004, the CSC indicates that measures are under way to establish mechanisms for the promotion of collective bargaining in the public sector, the Committee once again asks the Government to indicate whether public servants who are not engaged in the administration of the State have the right to bargain collectively, and to keep it informed in its next report of measures intended to encourage and promote the negotiation of terms and conditions of employment between the public authorities and workers’ organizations in this sector.

The Committee hopes that the Government will make every effort to send its report as soon as possible.

The Committee is addressing a request on certain other points directly to the Government.