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

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

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

Repetition

Comments of the International Trade Union Confederation (ITUC). The Committee notes the comments submitted by the ITUC in its communication dated 24 August 2010. The Committee requests the Government to communicate its observations thereon.

Articles 1, 2 and 3 of the Convention. Protection against anti-union practices. The Committee recalls that for a number of years it had been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. In its last observation, the Committee had noted the Government’s indication that: (i) the process of formulating the new draft legislative amendments to the Labour Code was under way and that it would endeavour to add provisions on penal responsibility of employers committing acts of anti-union discrimination and interference in trade union affairs in order to bring the legislation into conformity with the Convention; and (ii) the Committee’s observation would be taken into account when making amendments to the Law on Trade Unions and supplementing the Penal Code. However, no information regarding the amendments to the Law on Trade Unions or Penal Code was provided in the Government’s report. Therefore, the Committee once again requests the Government to indicate the progress made in this respect and to provide a copy of the amended legislative texts aimed at ensuring full respect for the rights covered under the Convention as soon as they have been adopted.

Article 4. Power granted to the Ministry of Labour to refuse registration of a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to amend sections 32(6) and 34(2) of the Labour Code so as to ensure 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 and not on the basis of consideration of “the economic interests of the country”. The Committee had previously noted: (i) that the Government reiterates that it has adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code; and (ii) that the Labour Code was being revised by the Ministry of Legal Affairs before being submitted to the Council of Ministers and to the Parliament. The Committee notes that the Government once again reiterates that the Labour Code is currently being revised by the Ministry of Legal Affairs before being submitted to the Council of Ministers and to the Parliament. The Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation and once again requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

Collective bargaining in practice. In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country and it had noted the Government’s indication that the requested statistics on collective bargaining were available and would be sent in its subsequent reports. While noting that according to the Government, trade unions exist in the public sector and that in the private sector, trade unions have been recently established in certain institutions, the Committee expresses the firm hope that the Government will provide the statistics requested together with its next report or at least the information available.

The Committee notes that the Government denies the ITUC’s assertion according to which the Ministry of Labour revokes collective agreements and that according to the Government, there is not the slightest evidence given for it.

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

The Committee notes the ITUC comments on a serious situation of 4 August 2011 and requests the Government to provide its reply as a matter of urgency.