Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Congo (Ratification: 1999)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislative reforms. The Committee notes that the content of the Government’s report is identical to that provided in 2014 and notes with regret that the text of the preliminary draft Labour Code, to which the Government has been referring since 2014, has still not been provided. The Committee therefore once again requests the Government to provide the text of the preliminary draft Labour Code in its next report and hopes that it will take fully into account the rights recognized by the Convention.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and acts of interference. In its previous comments, the Committee requested the Government to provide information on the amount of damages awarded by the courts, in accordance with section 210(3) of the Labour Code, in disputes relating to acts of anti-union discrimination or acts of interference by employers. The Committee once again notes the Government’s indication that it does not have the information requested. Recalling that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures and sufficiently dissuasive sanctions to ensure their application in practice (see General Survey on the fundamental Conventions, 2012, paragraph 190), the Committee requests the Government to provide detailed information on the number of cases of anti-union discrimination or interference brought to the attention of the labour inspectorate or the competent courts, as well as the outcome of these procedures.

Article 4. Promotion of collective bargaining. Procedure for the resolution of collective bargaining disputes. With reference to its previous comments on the decisions of the Recommendation Committee responsible for dealing with collective disputes in relation to collective bargaining, the Committee once again notes the Government’s indication that the preliminary draft Labour Code establishes a procedure for the resolution of collective disputes which is based on the mandate of the National Social Dialogue Committee. Recalling that procedures for the resolution of collective bargaining disputes should have the objective, in accordance with Article 4 of the Convention, of promoting free and voluntary collective bargaining, the Committee requests the Government to describe both the collective dispute settlement procedures in force and the relevant procedures envisaged by the preliminary draft Labour Code.

Right to collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded, the sectors concerned and the number of workers covered.