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

Collective Bargaining Convention, 1981 (No. 154) - Benin (Ratification: 2012)

The Committee notes the Government’s first report on the application of the Convention.

Articles 1 and 2 of the Convention. Application of the Convention and scope of collective bargaining in the public service. The Committee notes the Government’s indication that, pursuant to this Article of the Convention, the general collective agreement of 30 December 2005 governs labour relations between employers and workers in establishments or enterprises in the private and para-public sectors. The Government explains that no particular procedures for the application of the Convention have been determined for all or part of the public service. The Committee observes that section 2 of the Labour Code excludes from its scope any persons appointed as permanent officials within the public administration. These workers are subject to the General Public Service Regulations (Act No. 2015-18 of 2 April 2015), which provide for advisory bodies such as the Public Service Joint Advisory Committee at the Ministry for the Public Service (section 8 of the Regulations), or joint administrative committees within each ministerial department or state institution (section 9), to consult the most representative trade union organizations on the reform or amendment of the Regulations, issues concerning pay and benefits for public service employees, or the status, benefits and rewards granted to employees in the various sectors. Recalling that, under the terms of the Convention, officials should not only be consulted in the joint bodies but also be in a position to bargain collectively on conditions of employment and work, the Committee requests the Government to clarify whether or not the legislation provides for any other procedures for collective bargaining in the public service.

The Committee recalls that the Convention provides that the term “collective bargaining” extends to all negotiations for the purpose of: (i) determining working conditions and terms of employment; (ii) regulating relations between employers and workers; and (iii) regulating relations between employers or their organizations and one or more workers’ organizations. The Committee requests the Government to indicate whether or not the subjects discussed with the most representative trade union organizations within the joint committees provided for in the General Public Service Regulations enable negotiations on all the subjects enumerated in Article 2 of the Convention. The Committee also requests the Government to indicate any collective accord or agreement signed in the public service.

Article 5. Promotion of collective bargaining. The Committee notes the various consultation bodies referred to by the Government aimed at promoting collective bargaining, namely: (i) the sectoral committees for social dialogue at the ministries; (ii) the Public Service Joint Advisory Committee; (iii) the Standing National Commission for Consultation and Collective Bargaining Government–Trade Union Federations/Confederations; (iv) the National Labour Council; and (v) the National Occupational Safety and Health Commission. The Committee notes that the Government refers to the observations of the National Employers’ Council of Benin concerning the inadequacy of dialogue with the employers, and the lack of a formal discussion framework. Moreover, the Government indicates that the representatives of the workers expressed regret at the fact that the convening of the social dialogue bodies is the sole prerogative of the Government. The Committee requests the Government to indicate the measures taken or contemplated to resolve both of the abovementioned issues. The Committee also requests the Government to indicate any measures taken to encourage and promote collective bargaining within the abovementioned bodies, and to continue transmitting the reports on the work of these bodies.

The Committee requests the Government to send copies of the following texts referred to in its report: (i) Decree No. 20134-559 of 30 December 2013 establishing different trade union structures and criteria for trade union representativeness; and (ii) the decision of the Council of Ministers establishing sectoral committees for social dialogue at the ministries.