Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Burundi (Ratification: 1997)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, relating to matters examined by the Committee in the present comment, and containing allegations of anti-union discrimination. The Committee requests the Government to provide its comments with respect to these allegations.

The Committee notes with regret that no progress has been achieved in the application of the Convention and that the Government confines itself to indicating that the Committee’s comments will be taken into account in the context of the current revision of the relevant legislation and regulations.

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee previously emphasized the non dissuasive nature of the sanctions established by the Labour Code for acts of anti-union discrimination and interference. The Committee trusts that the respective provisions will be amended within the context of the revision of the Labour Code.

Article 4. Right to collective bargaining in practice. The Committee recalled previously that, although nothing in the Convention places a duty on the Government to ensure the application of collective bargaining through compulsory means in relation to the social partners, that does not mean that governments should refrain from taking any measures aimed at promoting collective bargaining mechanisms. The Committee once again requests the Government to provide information on the specific measures taken to promote collective bargaining, and to provide information of a practical nature on the situation with regard to collective bargaining, including the number of collective agreements concluded up to now, the sectors and the number of workers covered. The Committee hopes that the Government will be in a position to indicate substantial progress in its next report.

Articles 4 and 6. Right of collective bargaining for public servants not engaged in the administration of the State. The Committee previously noted the Government’s indications that public servants participate in the determination of their terms and conditions of employment. According to the Government, their right of collective bargaining is recognized, for which reason agreements exist in the education and health sectors. In the case of public establishments and personalized administrations (enjoying legal personality and autonomy in management) employees participate in the determination of remuneration, as they are represented on the governing councils, and wage claims are submitted to employers by enterprise councils or trade unions, with the competent minister only intervening to safeguard the general interest. In certain ministries, trade unions have obtained bonuses to supplement wages.

The Committee recalls that pursuant to Article 4 of the Convention, governments shall take measures appropriate to national conditions to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements. The Committee requests the Government to continue providing information on the measures taken or envisaged to ensure that organizations of public servants not engaged in the administration of the State have at their disposal mechanisms which allow them to bargain collectively on the terms and conditions of their employment, including wages. The Committee requests the Government to provide information on any agreement on conditions of employment, including wages, concluded in the public sector.