Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Benin (Ratification: 1968)

The Committee notes the comments on the application of the Convention submitted by the General Confederation of the Workers of Benin (CGTB) and the International Trade Union Confederation (ITUC).

In its previous comments, the Committee had hoped that the new Merchant Shipping Code would explicitly recognize the right to collective bargaining of representative organizations of workers in merchant shipping. The Committee notes the adoption of Act No. 2010-11 issuing the Maritime Code of the Republic of Benin, by the National Assembly on 27 December 2010. The Committee notes this development with interest, and in particular that section 224 of the Code stipulates that: (i) collective agreements concluded between the qualified representatives of shipowners and seafarers may determine, within the framework of legal provisions, the reciprocal obligations of shipowners and seafarers; (ii) these agreements are deposited with the Director of the Merchant Navy; and (iii) they must be entered in the crew list and be available on board.