Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Nicaragua (Ratification: 1967)

The Committee notes that it has not received the Government’s report.

The Committee also notes the comments made by the International Trade Union Confederation (ITUC), dated 29 August 2008, on the application of the Convention. In this regard, the Committee requests the Government to send its observations on the comments concerning the imposition of compulsory arbitration and anti-union dismissals in export processing zones and several companies.

Article 2 of the Convention. Protection against acts of interference. The Committee recalls that, in its previous observation, it noted that the fines envisaged in the legislation (from 2,000 to 10,000 cordobas, with 2,000 cordobas being equivalent to US$147) cannot be considered as dissuasive nor as adequate protection against acts of interference by employers or their organizations in trade union affairs and emphasized the need for the legislation to provide for sanctions that are sufficiently effective and dissuasive against such acts. The Committee reiterates once again the need for the legislation to provide for sanctions that are sufficiently effective and dissuasive against acts of interference by employers or their organizations in trade union affairs and asks the Government to inform it of any measures adopted in this respect in its next report.

Article 4. Promotion of collective bargaining. The Committee recalls that, in its previous observations, it took note of the statistics provided by the Government on the number of collective agreements concluded (and workers covered by them) in both the public and the private sectors and requested the Government to take measures to encourage the negotiation of collective agreements in export processing zones and to provide information in its subsequent report on any measures adopted in this respect. The Committee asks the Government, once again, to take measures to encourage collective bargaining in export processing zones and to keep it informed of any developments in this regard.