Labour Relations (Public Service) Convention, 1978 (No. 151) - Chad (Ratification: 1998)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Scope of application. Noting in its previous comments that section 3 of the General Public Service Regulations excludes from their scope of application local government officials, employees in public establishments and auxiliary personnel employed by the administration, the Committee requested the Government to indicate the legal texts in force which recognize for all these different categories of public employees the rights and guarantees envisaged by the Convention. The Committee notes the Government’s indication that the situation of contractual employees is governed by the collective agreement of 7 December 2012. The Committee requests the Government to provide with its next report a copy of the collective agreement in question.

Articles 4–8 of the Convention. In its previous comments, the Committee urged the Government to take measures to ensure that: (i) the legislation includes express provisions ensuring adequate protection for public employees against discrimination on the grounds of their trade union membership or activities, as well as adequate protection against acts of interference; and that (ii) through the legislation or by other means, facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times. Furthermore, the Committee urged the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreement concluded with trade union organizations in the public sector over recent years. Lastly, the Committee urged the Government to take measures to establish a procedure offering guarantees of independence and impartiality (such as mediation, conciliation or arbitration) with a view to settling disputes arising out of the determination of the terms and conditions of employment of public employees.

The Committee notes with regret that the Government merely indicates that the rights and guarantees envisaged by the Convention are governed by the collective agreement of 7 December 2012, without distinguishing between the situation of contractual and other public employees. The Committee expects the Government to provide, in its next report, detailed information on the aforementioned points in respect of all public employees, including those covered by the General Public Service Regulations.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2009.

Repetition

Article 1 of the Convention. Scope of application. Noting that section 3 of the General Public Service Regulations excludes from their scope of application local government officials, employees in public establishments and auxiliary personnel employed by the administration who are governed by a specific text, the Committee requests the Government to indicate the legal texts in force which recognize for all these categories of public employees, the rights and guarantees envisaged by the Convention. In so far as legal texts governing the specific conditions of service of these public employees grant them these rights and guarantees, the Committee requests the Government to provide copies thereof.

Article 4. Adequate protection against acts of anti-union discrimination. The Committee notes that, while section 10 of the General Public Service Regulations provides that there may be no discrimination between public employees on the grounds of their trade union opinions, no provision in the Regulations, or in other texts applicable to public employees, establishes protection against discrimination in the exercise of trade union activities. The Committee urges the Government to take measures to include in the legislation provisions that explicitly provide adequate protection for public employees against discrimination on the grounds of their trade union membership or activities.

Article 5. Adequate protection against acts of interference. Noting that neither the General Public Service Regulations, nor other texts applicable to public employees, contain provisions prohibiting acts of interference by the public authorities in the internal affairs of unions, and recalling the need, in accordance with the Convention, to fully guarantee adequate protection for organizations against any acts of interference by public authorities in their establishment, operation and administration, the Committee urges the Government to take measures to include such protective provisions in the legislation.

Article 6. Facilities to be afforded to workers’ representatives. Noting the absence of provisions in the General Public Service Regulations explicitly providing for such facilities, the Committee once again urges the Government to take measures, as required by the Convention, with a view to ensuring, through the adoption of legislative provisions or other means, that facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times.

Article 7. Procedures for determining terms and conditions of employment. The Committee urges the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreement concluded with trade union organizations in the public sector over recent years.

Article 8. Settlement of disputes. Noting the absence of provisions in this respect, the Committee once again urges the Government to take measures to establish a procedure offering guarantees of independence and impartiality (such as mediation, conciliation or arbitration) with a view to settling disputes arising out of the determination of the terms and conditions of employment of public employees.

The Committee expects that the Government will take all the necessary measures without delay in consultation with the representative organizations concerned, and will act on the Committee’s comments and accordingly give full effect to the provisions of the Convention.

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

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2009.

Repetition

Article 1 of the Convention. Scope of application. Noting that section 3 of the General Public Service Regulations excludes from their scope of application local government officials, employees in public establishments and auxiliary personnel employed by the administration who are governed by a specific text, the Committee requests the Government to indicate the legal texts in force which recognize for all these categories of public employees, the rights and guarantees envisaged by the Convention. In so far as legal texts governing the specific conditions of service of these public employees grant them these rights and guarantees, the Committee requests the Government to provide copies thereof.

Article 4. Adequate protection against acts of anti-union discrimination. The Committee notes that, while section 10 of the General Public Service Regulations provides that there may be no discrimination between public employees on the grounds of their trade union opinions, no provision in the Regulations, or in other texts applicable to public employees, establishes protection against discrimination in the exercise of trade union activities. The Committee urges the Government to take measures to include in the legislation provisions that explicitly provide adequate protection for public employees against discrimination on the grounds of their trade union membership or activities.

Article 5. Adequate protection against acts of interference. Noting that neither the General Public Service Regulations, nor other texts applicable to public employees, contain provisions prohibiting acts of interference by the public authorities in the internal affairs of unions, and recalling the need, in accordance with the Convention, to fully guarantee adequate protection for organizations against any acts of interference by public authorities in their establishment, operation and administration, the Committee urges the Government to take measures to include such protective provisions in the legislation.

Article 6. Facilities to be afforded to workers’ representatives. Noting the absence of provisions in the General Public Service Regulations explicitly providing for such facilities, the Committee once again urges the Government to take measures, as required by the Convention, with a view to ensuring, through the adoption of legislative provisions or other means, that facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times.

Article 7. Procedures for determining terms and conditions of employment. The Committee urges the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreement concluded with trade union organizations in the public sector over recent years.

Article 8. Settlement of disputes. Noting the absence of provisions in this respect, the Committee once again urges the Government to take measures to establish a procedure offering guarantees of independence and impartiality (such as mediation, conciliation or arbitration) with a view to settling disputes arising out of the determination of the terms and conditions of employment of public employees.

The Committee expects that the Government will take all the necessary measures without delay in consultation with the representative organizations concerned, and will act on the Committee’s comments and accordingly give full effect to the provisions of the Convention.

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

The Committee notes with concern that the Government’s report does not contain the information requested, nor does it contain any information on the measures taken to implement the recommendations that it has been making for many years on the application of several key provisions of the Convention. The Committee is therefore bound to reiterate these recommendations and urges the Government to adopt all necessary measures relating to the following points.

Article 1 of the Convention. Scope of application. Noting that section 3 of the General Public Service Regulations excludes from their scope of application local government officials, employees in public establishments and auxiliary personnel employed by the administration who are governed by a specific text, the Committee requests the Government to indicate the legal texts in force which recognize for all these categories of public employees, the rights and guarantees envisaged by the Convention. In so far as legal texts governing the specific conditions of service of these public employees grant them these rights and guarantees, the Committee requests the Government to provide copies thereof.

Article 4. Adequate protection against acts of anti-union discrimination. The Committee notes that, while section 10 of the General Public Service Regulations provides that there may be no discrimination between public employees on the grounds of their trade union opinions, no provision in the Regulations, or in other texts applicable to public employees, establishes protection against discrimination in the exercise of trade union activities. The Committee urges the Government to take measures to include in the legislation provisions that explicitly provide adequate protection for public employees against discrimination on the grounds of their trade union membership or activities.

Article 5. Adequate protection against acts of interference. Noting that neither the General Public Service Regulations, nor other texts applicable to public employees, contain provisions prohibiting acts of interference by the public authorities in the internal affairs of unions, and recalling the need, in accordance with the Convention, to fully guarantee adequate protection for organizations against any acts of interference by public authorities in their establishment, operation and administration, the Committee urges the Government to take measures to include such protective provisions in the legislation.

Article 6. Facilities to be afforded to workers’ representatives. Noting the absence of provisions in the General Public Service Regulations explicitly providing for such facilities, the Committee once again urges the Government to take measures, as required by the Convention, with a view to ensuring, through the adoption of legislative provisions or other means, that facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times.

Article 7. Procedures for determining terms and conditions of employment. The Committee urges the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreement concluded with trade union organizations in the public sector over recent years.

Article 8. Settlement of disputes. Noting the absence of provisions in this respect, the Committee once again urges the Government to take measures to establish a procedure offering guarantees of independence and impartiality (such as mediation, conciliation or arbitration) with a view to settling disputes arising out of the determination of the terms and conditions of employment of public employees.

The Committee expects that the Government will take all the necessary measures without delay in consultation with the representative organizations concerned, and will act on the Committee’s comments and accordingly give full effect to the provisions of the Convention.

[The Government is asked to reply in full to the present comments in 2017.]

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report does not contain the information requested, nor does it report on the measures taken to give effect to the recommendations that it has been making for many years on the implementation of several essential provisions of the Convention. The Committee is therefore bound to reiterate these recommendations and urges the Government to take all the necessary measures on each of the following points:

Article 1 of the Convention. Scope of application. Noting that section 3 of the general public service regulations excludes from their scope of application local government officials, employees in public establishments and auxiliary personnel employed by the administration who are governed by a specific text, the Committee requests the Government to indicate the legal texts in force which recognize for all these categories of public employees, the rights and guarantees envisaged by the Convention. In so far as legal texts governing the specific conditions of service of these public employees grant them these rights and guarantees, the Committee requests the Government to provide copies thereof.

Article 4. Protection against acts of anti-union discrimination. The Committee notes that, while section 10 of the General Public Service Act provides that there may be no discrimination between employees on grounds of their trade union opinions, no provision in the Act, or in other texts applicable to public employees, establishes protection against discrimination in the exercise of trade union activities. The Committee urges the Government to take measures to include in the legislation provisions that explicitly provide adequate protection against discrimination of public employees on the grounds of their trade union membership or activities.

Article 5. Protection against acts of interference. Noting that neither the General Public Service Act, nor other texts applicable to public employees, contain provisions prohibiting acts of interference by the public authorities in the internal affairs of unions, and recalling the need, in accordance with the Convention, to fully guarantee adequate protection for organizations against any acts of interference by public authorities in their establishment, operation and administration, the Committee urges the Government to take measures to include such protective provisions in the legislation.

Article 6. Facilities to be afforded to workers’ representatives. Noting the Government’s reply on the absence in the General Public Service Act of provisions explicitly providing for such facilities, the Committee once again urges the Government to take measures, as required by the Convention, with a view to ensuring, through the adoption of legislative provisions or other means, that facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times.

Article 7. Procedures for determining terms and conditions of employment. The Committee urges the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreement concluded with trade union organizations in the public service over recent years.

Article 8. Settlement of disputes. Noting the Government’s reply concerning the absence of provisions in this respect, the Committee once again urges the Government to take measures to establish a procedure offering guarantees of independence and impartiality (such as mediation, conciliation or arbitration) with a view to settling disputes arising out of the determination of the terms and conditions of employment of public employees.

The Committee trusts that the Government will take all the necessary measures without delay and in consultation with the representative organizations concerned to give effect to its comments and accordingly to give full effect to the provisions of the Convention. The Committee urges the Government to report the progress achieved in this respect.

[The Government is asked to report in detail in 2016.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report and Act No. 017/PR/2001 issuing the general public service regulations, of 31 December 2001. The Committee requests the Government to provide the text of the Decree issued under the general public service regulations, which was adopted on 23 June 2003.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that section 3 of the general public service regulations excludes from its scope of application local government officials, officials in public establishments and auxiliary personnel employed by the administration who are governed by a specific text, and it requested the Government to indicate whether the text of the special regulations governing these public employees grants them the rights and guarantees provided for in the Convention. In the absence of a reply in the Government’s report, the Committee reiterates its request and asks the Government to provide copies of texts issuing special regulations governing these bodies of public employees, as well as the general collective agreements of 1958 and 1971.

Article 4. Protection against acts of discrimination. In its previous comments, the Committee noted that the general public service regulations do not contain any provisions on protection against discrimination for the exercise of trade union activities and it requested the Government to take measures to ensure that the legislation includes specific provisions ensuring adequate protection against discrimination due to the exercise of trade union activities. In the absence of information on such measures in the Government’s report, the Committee reiterates its request to the Government to include provisions in the legislation ensuring protection against acts of anti-union discrimination in relation to public officials and to indicate any progress achieved in this respect.

Article 5. Acts of interference. The Committee noted previously the absence of provisions in the general public service regulations prohibiting acts of interference by the public authorities in the internal affairs of trade unions and it requested the Government to take corrective measures for the inclusion of such provisions in the legislation. The Committee notes that the Government’s report refers to the protection contained in the Labour Code in relation to contractual workers of the State, and to the statutes of the representative organizations of public officials, with the indication that they contain the necessary protection against interference by the public authorities. The Committee nevertheless recalls the need, under the terms of the Convention, to guarantee in full adequate protection for public employees’ organizations against any acts of interference by the public authorities in their establishment, operation and administration and it once again requests the Government to indicate the tangible measures adopted for the establishment of general and continuous protection of this nature in the respective texts.

Article 6. Facilities to be afforded to workers’ representatives. Noting the Government’s reply concerning the absence from the general public service regulations of provisions explicitly providing for such facilities, the Committee once again requests the Government to take measures, as required by the Convention, in order to ensure, through the legislation or by other means, that facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times.

Article 7. Procedures for determining terms and conditions of employment. The Committee requests the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreements concluded with trade union organizations in the public service over recent years.

Article 8. Settlement of disputes. The Committee notes that, according to the Government’s report, the texts still do not contain any provisions on this matter, but that disputes could be settled in the Public Service Advisory Committee. The Committee once again requests the Government to take measures to establish an impartial procedure offering guarantees of independence and impartiality which has the trust of the parties concerned (such as mediation, conciliation or arbitration) with a view to settling disputes arising from the determination of the terms and conditions of employment of public employees.

The Committee notes with regret that no measures have been taken by the Government to give effect to its previous comments and it trusts that the Government will report in the near future the adoption of appropriate measures to give full effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, as well as Act No. 017/PR/2001 of 31 December 2001 issuing the General Public Service Regulations. The Committee requests the Government to transmit the implementing decree of this Act, adopted on 23 June 2003.

Article 1 of the Convention. Scope of application of the Convention. The Committee notes that section 3 of the Act issuing the General Public Service Regulations excludes from its scope of application local government officials and officials in public establishments and auxiliary personnel employed by the administration governed by a particular text, and provides that the regulations governing such staff are determined by particular laws. In this regard, it recalls that under Article 1 of the Convention only high-level employees whose functions are normally considered as policy-making or managerial, or employees whose duties are of a highly confidential nature, members of the armed forces and the police shall be excluded from the scope of application of the Convention. The Committee requests the Government to indicate whether the text of the special regulations governing these public employees grants them the rights and guarantees provided for in the Convention. The Committee also requests the Government to provide the text of the acts containing the special regulations governing bodies of public employees, as well as the general collective agreements of 1958 and 1971.

Article 4. Protection against acts of discrimination. The Committee notes that "The State shall not take into consideration membership of a trade union organization when taking disciplinary measures against public employees" and that "public employees may not be discriminated against owing to their trade union opinions" (article 10 of Act No. 17 issuing the General Public Service Regulations). The Committee notes, however, that the regulations do not contain any provisions on protection against discrimination owing to trade union activities. The Committee requests the Government to take measures to ensure that the legislation includes specific provisions ensuring appropriate protection against discrimination owing to trade union activities.

Article 5. Acts of interference. The Committee notes that the General Public Service Regulations do not contain any provision prohibiting acts of interference by the public authorities with regard to the internal affairs of trade unions. The Committee requests the Government to take measures to ensure that the legislation includes specific provisions ensuring adequate protection for organizations against any acts of interference by a public authority in their establishment, functioning or administration.

Article 6. Facilities to be afforded to the workers’ representatives. The Committee notes that with regard to the public sector the Government states that the representatives of recognized public employees’ organizations freely carry out their functions during working hours and at other times but that, for the moment, no text exists which expressly affords them these facilities. The Committee requests the Government to take measures in order to ensure, through the legislation or by other means, that facilities are afforded to the representatives of recognized public employees’ organizations, in order to allow them to perform their functions quickly and efficiently both during working hours and at other times.

Article 7. Procedures for determining terms and conditions of employment. The Committee notes the conditions of recruitment and access to the public service envisaged under Act No. 17 issuing the General Public Service Regulations (sections 36 to 40). It also notes the provisions covering advisory bodies (sections 27 to 30 of Act No. 17 issuing the General Public Service Regulations) that cover various issues (pay, conditions of employment, etc). The Committee requests the Government to specify the composition of these bodies, in particular with regard to the representatives of the trade union organizations. The Committee also requests the Government to provide information on any consultations carried out or any agreements concluded with public service trade union organizations in the last few years.

Article 8. Settlement of disputes. The Committee notes in this regard that, according to the Government, as they stand, the texts do not envisage any provision concerning this issue and this issue might be addressed by the implementing texts of the Act. The Committee requests the Government to take measures to ensure that negotiations between the parties or an impartial procedure, guaranteeing independence and impartiality and inspiring the confidence of the parties concerned (such as mediation, conciliation or arbitration), are employed with a view to settling disputes arising from the determination of the employment conditions of public employees.

The Committee hopes that the Government will take into account all of its comments and requests it to keep it informed of any legislative text, including the implementing texts of Act No. 17 issuing the General Public Service Regulations, or measures adopted to give effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government refers to the Act of 31 December 2001 issuing the General Public Service Regulations and to its implementing decree of 23 June 2003. The Committee requests the Government to send these two texts with its next report so as to examine their conformity with the provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the first report sent by the Government.

The Committee notes that the Government refers to the Act of 31 December 2001 issuing the General Public Service Regulations and to its implementing decree of 23 June 2003. The Committee requests the Government to send these two texts with its next report so as to examine their conformity with the provisions of the Convention.