Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Niger (Ratification: 1962)

The Committee takes note of the Government’s report.

1. Scope of the Convention. The Committee requested the Government to indicate whether the definition of “worker” in section 2 of the Labour Code as “anyone who has undertaken to carry out his/her occupational activity, in exchange for remuneration, under the direction and authority of some other natural or legal person, whether public of private”, excludes self-employed workers from the scope of the Code thus excluding most workers in Niger, who work in the informal economy, from the provisions on freedom of association and collective bargaining in particular. The Committee notes that, according to the Government, since section 173 of the Labour Code provides that “persons carrying on the same occupation, similar trades or related occupations to produce specific products, or members of the same profession, may freely establish an occupational organization”, all workers and employers are free to join organizations of their choosing.

2. Article 4 of the Convention. Right to collective bargaining. With regard to the second paragraph of section 175 which forbids employers from deducting trade union dues from the wages of their employees and from paying the dues in their stead, the Committee notes the Government’s statement that the first paragraph of the same section provides that heads of enterprises or their representatives shall not exert any pressure either in favour of or against any trade union organization. The Committee again points out that the second paragraph of section 175 restricts the right to collective bargaining and accordingly asks the Government to take steps to amend it to allow the parties themselves to determine, by agreement, how trade union dues are collected.