Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Latvia (Ratification: 1992)

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

Article 2 of the Convention. Right to establish and join organizations. The Committee notes the Government’s indication that an amendment to the Law on State Security Institutions prohibits officials and employees of a State security institution from establishing trade unions and participating in their operation (section 18(6) of the Law on State Security Institutions). In this respect, the Committee recalls that, under Article 9(1) of the Convention, the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. These exceptions are justified on the basis of the responsibility of these two categories of workers for the external and internal security of the State. In the view of the Committee, these exceptions must however be construed in a restrictive manner. For example, they do not include civilian personnel in the armed forces or civilian employees in the intelligence services, nor do they automatically apply, in the view of the Committee, to all employees who may carry a weapon in the course of their duties, who cannot a priori be excluded from the scope of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 67). In this respect, the Committee observes that the Law on State Security Institutions applies to officials and employees of a variety of State institutions carrying out intelligence and counterintelligence activities. The Committee requests the Government to provide further information in light of the above, and to take any measures that may be necessary to ensure that this exclusion from the right to establish trade unions and participate in their operation is only applicable to members of the police and the armed forces.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010 concerning issues already raised by the Committee.

Article 2 of the Convention. Right of workers and employers to establish and join organizations of their own choosing. The Committee recalls that, for a number of years, it had been requesting the Government to lower the minimum membership requirement set by section 3 of the Act on Trade Unions of 13 December 1990 at 50 members or at least one quarter of the workforce in an enterprise. The Committee notes that the Government indicates in its report that: (i) taking into account that the freedom of association is traditionally associated with establishment of independent organization, the Government considers that the threshold required for the establishment of trade unions is therefore determined to provide that it is possible to ensure that trade unions can operate effectively; (ii) the threshold required for the establishment of trade unions is set higher in comparison to the other organizations, taking into account their wide powers to represent employees in their relations with employers; (iii) the registration terms do not have cumulative character, therefore the employees of companies that employ less than 50 persons have the right to establish a trade union provided that one quarter of employees join the trade union; (iv) the threshold set for the establishment of trade unions is reasonable, which serves for the protection of workers, trade unions representing their interests and renders the guarantees to ensure the effectiveness of trade union activities; and (v) it acknowledges a need for discussion on the reduction of threshold required for the establishment of trade unions, taking into account that both international organizations and legal literature assume that the requirement of ten or more members is already considered restrictive. The Committee once again recalls that, while the 50 persons requirement would be permissible for industrial trade unions, it is too high and likely to create an obstacle to the establishment of trade unions at the enterprise level. Likewise, the one quarter requirement may also hinder the establishment of enterprise and industrial organizations. In these circumstances, the Committee once again requests the Government to take necessary measures to amend section 3 of the Act on Trade Unions so as to lower the minimum membership requirement and provide information in its next report on the measures taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 referring to the issues raised by the Committee below.

In its previous comments, the Committee had noted that, under section 3 of the Act on trade unions of 13 December 1990, trade unions must have at least 50 members or represent at least one quarter of the workforce in an enterprise in order to be registered, and recalled that this requirement was too high. The Committee notes the Government’s explanation to the effect that this requirement is not cumulative and that in enterprises employing less than 50 persons, only one quarter of workers is required to establish a union. The Government further indicates that freedom of association, including the right to establish trade unions, is recognized as one of the fundamental human rights. However, pursuant to the Constitution, this freedom may be restricted in order to protect the rights of other people, the democratic structure of the State, public safety, welfare and morals. Taking into account that freedom of association is traditionally associated with the establishment of independent organizations, the Government is of the opinion that the threshold required for the establishment of trade unions should be set so as to ensure the effectiveness of the operation of trade unions in practice. The Government nevertheless acknowledges the need for further discussions with a view to lowering this minimum requirement. The Committee considers that, while the 50 persons requirement would be permissible for industrial trade unions, it is too high and likely to create an obstacle to the establishment of trade unions at the enterprise level. Likewise, the one quarter requirement may also hinder the establishment of enterprise and industrial organizations. In these circumstances, the Committee once again requests the Government to take the necessary measures to amend section 3 of the Act on trade unions so as to reduce the minimum membership requirement and to indicate the measures taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Article 2 of the Convention. Right of workers to establish organizations of their own choosing. In its previous comments, the Committee had noted that, under section 3 of the Act on Trade Unions of 13 December 1990, trade unions must have at least 50 members or represent at least one-quarter of the workforce in an enterprise in order to be registered, and recalled that this requirement was too high. The Committee notes that the Government does not send any information on this respect. The Committee considers that, although this requirement of a minimum number of workers would be permissible for industrial trade unions, it would have the effect of hindering the establishment of enterprise organizations, particularly in small enterprises which appear to be very numerous in the country. In these circumstances, the Committee requests the Government to take the necessary measures to amend section 3 of the Act on Trade Unions to bring it in full conformity with the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Articles 3 and 10 of the Convention. Right of workers’ organizations to formulate their programmes and to further and defend the interests of workers without interference from the public authorities. In its previous comments, the Committee requested the Government to amend section 11(1) of the Law on Strikes so as to reduce the required quorum and majority for a strike ballot to a reasonable level. In this respect, the Committee notes with satisfaction the adoption of amendments to the Law on Strikes providing the reduction of the required quorum for the vote to declare a strike from three quarters to one half of the members of a trade union or a company, who shall participate in a meeting which adopts the relevant resolution. A resolution shall be adopted by a simple majority of members of the trade union participating in the meeting. Furthermore, the Committee notes that the amendments prescribe the reduction of the term to be complied with by the strike committee prior to going on strike from ten days to seven days in order to inform the relevant institutions on the commencement of the strike.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the Government’s report as well as its reply to the comments made by the Free Trade Union Confederation of Latvia (LBAS) on the application of the Convention contained in its communication of 30 September 2004. The Committee will address the questions raised by the LBAS in the context of Convention No. 98.

The Committee will examine other matters raised in its previous direct request (see direct request, 2004, 75th Session) in respect of the application of the Convention during the regular reporting cycle of 2006.

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

The Committee notes the Government’s supplementary report transmitted to the Committee in December 2003. It further notes the comments made by the Free Trade Union Confederation of Latvia (LBAS) in a communication dated 30 September 2004.

Article 2 of the Convention. Right of workers to establish organizations of their own choosing. The Committee had noted in its previous comments that under section 3 of the Act on Trade Unions of 13 December 1990, trade unions must have at least 50 members or represent at least one-fourth of the workforce in an enterprise in order to be registered, and recalled that this requirement was too high. It had also noted that the Government had planned to elaborate a new law on trade unions. The Committee notes the Government’s statement that the LBAS has established a working group to draft a law on trade unions to be passed to the Government at the beginning of 2004. The Committee requests the Government to send a copy of this draft and to keep it informed of the developments in this respect.

Articles 3 and 10. Right of workers’ organizations to formulate their programmes and to further and defend the interests of workers without interference from the public authorities. In its previous comments, the Committee requested the Government to amend section 11(1) of the Law on Strikes so as to reduce the required quorum and majority for a strike ballot to a reasonable level. The Committee notes the Government’s indication that on 30 October 2003, the Labour Issues Tripartite Co-operation Sub-council adopted the decision to establish a tripartite working group for drafting amendments to the Law on Strikes. The Committee requests the Government to inform it of the progress made in elaborating the new law and trusts that it will take into account the comments of the Committee.

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

The Committee notes the Government’s report, which while setting out generally the manner in which the Convention is applied, contains no reply to the Committee’s previous comments. The Committee takes note of the adoption of the Labour Code of 2001 and the Law on Labour Disputes of 2002.

Article 2 of the Convention. Right of workers to establish organizations of their own choosing. The Committee had noted in its previous requests that under section 3 of the Act on Trade Unions of 13 December 1990, trade unions must represent not less than one-fourth of the workforce in an enterprise, etc., in order to be registered, and recalled that this requirement was too high. It had also noted that the Government had planned to elaborate a new law on trade unions, where the number of persons required in this respect would be determined according to the economic situation, which is characterized by a low density of large undertakings. The Committee once again requests the Government to inform it of the progress made in elaborating the new law on trade unions and trusts that it will ensure that the minimum membership requirement is set at a reasonable level.

Articles 3 and 10. Right of workers’ organizations to formulate their programmes and to further and defend the interests of workers without interference from the public authorities. The Committee notes that the Law on Strikes was amended in September 2002. The Committee regrets that the amendment did not reflect its previous request to amend section 11(1) of the Law which required both a quorum and a majority of three-quarters of the union members in order to call a strike. The Committee once again requests the Government to take the necessary measures to amend section 11(1) so as to reduce the required quorum and majority for a strike ballot to a reasonable level and keep it informed in this respect.

As regards its previous request concerning section 37 of the Act on Public Organizations and their Associations, which authorizes in some instances the dissolution of associations and confiscation of their assets, the Committee requests the Government to indicate whether any workers’ or employers’ organizations have been dissolved on the basis of section 37 and, if so, to provide full particulars on the circumstances surrounding these dissolutions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

Article 2 of the Convention. Right of workers to establish organizations of their own choosing. The Committee had noted in its previous request that under section 3 of the Act on Trade Unions of 13 December 1990, trade unions must represent not less than one-fourth of the workforce in an enterprise, etc., in order to be registered, and recalled that the requirement laid down in this law was too high. The Committee noted that the Government planned to elaborate a new law on trade unions, where the number of persons required in this respect would be determined according to the economic situation, which is characterized by a low density of large undertakings. Noting that the Government had made this announcement in a previous report, the Committee hopes that this legislation will be drafted in the near future and requests the Government to send it a copy of the Bill as soon as possible.

Articles 3 and 10. Right of workers’ organizations to formulate their programmes and to further and defend the interests of workers without interference from the public authorities. The Committee notes that section 11(1) of the Act on Strikes of April 1998 requires both a quorum and a majority of three-quarters of the union members in order to call a strike. The Committee noted that the Government planned to amend the law on strikes with a view to decreasing the numbers in question and that these amendments will be discussed with the social partners. The Committee requests the Government to send it a copy of the Bill in the near future.

As regards its previous request concerning section 37 of the Act on public organizations and their associations, which authorizes in some instances the dissolution of associations and confiscation of their assets, the Committee had noted from the Government’s latest report that such dissolution may occur only through judicial process and in a limited number of cases (refusal to comply with a court decision to suspend their activities; knowingly tolerating or inducing criminal activities; promoting hatred based on racial, national or spiritual distinctions). The Committee recalls, however, that, under Article 8 of the Convention, while workers and employers and their respective organizations, like other persons or organized collectivities, must respect the law of the land, the latter should not be such as to impair, or be so applied as to impair, the guarantees provided for in the Convention (General Survey on freedom of association and collective bargaining, 1994, paragraph 181). The Committee requests the Government to provide in its future reports information on the application of these provisions, including court decisions, if any.

The Committee had noted the Government’s indication that the recourse to arbitration provided for in section 16 of the law on collective labour agreements of 26 March 1991 can only be initiated by agreement of both parties.

The Committee requests the Government to provide, in its next report, information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report.

Article 2 of the Convention.  Right of workers to establish organizations of their own choosing.  The Committee had noted in its previous request that under section 3 of the Act on Trade Unions of 13 December 1990, trade unions must represent not less than one-fourth of the workforce in an enterprise, etc., in order to be registered, and recalled that the requirement laid down in this law was too high. The Committee notes that the Government plans to elaborate a new law on trade unions, where the number of persons required in this respect would be determined according to the economic situation, which is characterized by a low density of large undertakings. Noting that the Government had made this announcement in its previous report, the Committee hopes that this legislation will be drafted in the near future and requests the Government to send it a copy of the Bill as soon as possible.

Articles 3 and 10.  Right of workers’ organizations to formulate their programmes and to further and defend the interests of workers without interference from the public authorities.  The Committee notes that section 11(1) of the Act on Strikes of April 1998, requires both a quorum and a majority of three-quarters of the union members in order to call a strike. The Committee notes that the Government plans to amend the law on strikes with a view to decreasing the numbers in question and that these amendments will be discussed with the social partners. The Committee requests the Government to send it a copy of the Bill in the near future.

As regards its previous request concerning section 37 of the Act on public organizations and their associations, which authorizes in some instances the dissolution of associations and confiscation of their assets, the Committee notes from the Government’s report that such dissolution may occur only through judicial process and in a limited number of cases (refusal to comply with a court decision to suspend their activities; knowingly tolerating or inducing criminal activities; promoting hatred based on racial, national or spiritual distinctions). The Committee recalls, however, that, under Article 8 of the Convention, while workers and employers and their respective organizations, like other persons or organized collectivities, must respect the law of the land, the latter should not be such as to impair, or be so applied as to impair, the guarantees provided for in the Convention (General Survey on freedom of association and collective bargaining, 1994, paragraph 181). The Committee requests the Government to provide in its future reports information on the application of these provisions, including court decisions, if any.

The Committee notes with interest the Government’s indication that the recourse to arbitration provided for in section 16 of the law on collective labour agreements of 26 March 1991 can only be initiated by agreement of both parties.

The Committee reminds the Government that it may avail itself of ILO technical assistance when drafting legislation, and requests it to provide, in its future reports, information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report. It would be grateful to receive further information on the following points.

1. Article 2 of the Convention (Right of workers to establish organizations of their own choosing). The Committee noted that under section 3 of the Act on Trade Unions of 13 December 1990, a major condition for registration of trade unions is that they represent not less than one fourth of the workforce in an enterprise, institution, organization, profession or branch. Although stipulating a minimum membership requirement as a condition for registration is not in itself incompatible with Article 2 of the Convention, the Committee is of the view that the requirement laid down in the law is too high. The Committee duly notes the Government's indication in its latest report that a new Act on trade unions is being prepared and provides for lowering the minimum membership requirement for creating a workers' organization, bearing in mind the national economic situation. It requests the Government to send it a copy of the Bill in the near future.

2. Articles 3 and 10 (Right of workers' organizations to formulate their programmes and to further and defend the interests of workers without interference from the public authorities). With respect to the restrictive requirements of the Act on Strikes of April 1998, the Committee notes that section 11(1) provides that the trade union shall make the decision on calling a strike if at least three-quarters of the members of the trade union attend the general meeting and three-quarters of members present have voted in favour. Noting that the Government's report does not contain any information replying to this point, the Committee again requests the Government to inform it in its next report of the measures taken or envisaged in order to reduce the required quorum for a strike ballot to a reasonable level. For example, for calling a strike, only the majority of workers of the enterprise having taken part in the vote, excluding those on leave, sick or on mission, should be taken into account.

The Committee also requests the Government to indicate in its next report whether the recourse to arbitration provided for in section 16 of the collective labour agreement of 26 March 1991 can be initiated by only one of the parties.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its previous comments, the Committee notes with satisfaction the adoption on 29 April 1999 of the Act on Employers' Organizations and Associations which reduces to five the number of people required to constitute an employers' organization (section 2), enshrines the principle of their independence (section 5) and their right to affiliate with international organizations of employers (section 6).

The Committee is also raising a number of points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that for the third year in succession, 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 previously which concerned the following:

A. Employers' organizations

1. Right of employers to establish organizations of their own choosing without previous authorization (Article 2 of the Convention). The Committee notes that according to the Government's latest report, the right of employers to organize is laid down in the Law on Public Organizations and their Associations of 15 December 1992. Noting that according to section 1 of the Law on Public Organizations and their Associations a public organization can be founded by ten or more persons, the Committee considers that it is contrary to the Convention to require a minimum number of ten persons to set up an employers' organization and, in addition, to couple it with a provision giving the Ministry of Justice the power to cancel a registration if membership drops to less than ten members (section 33). The Committee considers that the requirement for establishing an employers' organization should be left to be determined by the statutes of the organization in question. The Government is therefore requested to indicate what measures it contemplates in order to lower the minimum number of persons to set up an employers' organization.

2. Right of employers' organizations to organize their administration and activities without interference by the public authorities (Article 3 of the Convention). The Committee also notes that according to section 24(1) state institutions shall monitor and control the activities of public organizations. Pursuant to section 24(2) officials "shall have the right to participate in the meetings of public organizations". The Committee considers that this provision might be incompatible with the right of employers' organizations to organize their activities and formulate their programmes in full freedom, as guaranteed in Article 3 of the Convention. The Committee requests the Government to repeal this provision which seems to authorize officials to participate in the meeting of employers' organizations.

3. Right of employers' organizations to affiliate with international organizations of employers (Article 5 of the Convention). The Committee notes that according to section 16(4) public organizations have, inter alia, the right to "maintain contacts with the public organizations of other countries". It requests the Government to spell out with greater precision the right of employers' organizations to affiliate with international organizations of employers, as enshrined in Article 5 of the Convention.

4. Separate law on employers' associations. As the Committee has noted from the Government's first report that a separate law on employers' associations was in the project phase, the Committee requests the Government to indicate what is the actual state of this draft law on employers' associations and to supply a copy of the draft law.

B. Workers' organizations

5. Right of workers to establish organizations of their own choosing (Article 2 of the Convention). The Law on Trade Unions of 13 December 1990. The Committee notes that the Law on Trade Unions provides for the registration of unions which confers legal personality. A major condition for registration is that applicant unions "unite not less than one-fourth of the workforce in an enterprise, institution, organization, profession or branch". The Committee recalls that stipulating a minimum membership requirement as a condition for registration is not in itself incompatible with Article 2 of the Convention. However, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered (General Survey on freedom of association and collective bargaining, 1994, paragraphs 81 and 83). The Committee is of the view that the requirement laid down in the law is too high. The Committee therefore requests the Government to indicate in its next report any measures envisaged in order to reduce the minimum number necessary for setting up a workers' organization.

6. Right of workers' organizations to formulate their programmes, to further and defend the interests of their workers without interference by the public authorities (Articles 3 and 10 of the Convention). In addition and with respect to the new Law on Strikes of April 1998, the Committee notes that article 11(1) of the Law provides that the trade union shall make the decision on declaration of a strike at the general meeting of its members where at least three-fourths of the employees of the trade union participate and that the decision shall be made if three-fourths of members of the respective trade union who are present have voted in favour of it. In this regard, the Committee recalls that while it may be deemed appropriate to establish in a legislation provisions which require a vote by workers before a strike can be held, it should be ensured that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey, op. cit., paragraph 170). The Committee requests the Government to inform it in its next report of any measures it could envisage or contemplate in order to reduce the required quorum for a strike ballot to a more reasonable level.

In addition, the Committee requests the Government to indicate whether the recourse to arbitration provided for in article 16 of the Law on Strikes can be initiated by only one party.

The Committee also notes that article 32(2) of the Law on Strikes provides for the right to organize meetings, processions and pickets during the strike according to the procedure provided by the Law on Meetings, Processions and Pickets. In this regard, the Committee requests the Government to clarify in its next report the meaning of this provision and to send it a copy of the said Law in order to ensure its conformity with the principles of freedom of association.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note with satisfaction of the adoption on 23 April 1998 of the Law on Strikes which provides for the right to strike of employees of enterprises, institutions, organizations and branches.

The Committee also raises a number of points in a request directly addressed to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret 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:

1. The Law on Trade Unions of 13 December 1990. The Committee notes that the Law on Trade Unions provides for the registration of unions which confers legal personality. A major condition for registration is that applicant unions "unite not less than 50 members or not less than one-fourth of the workforce in an enterprise, institution, organization, profession or branch". The Committee recalls that stipulating a minimum membership requirement as a condition for registration is not in itself incompatible with Article 2 of the Convention. However, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered (General Survey on freedom of association and collective bargaining, 1994, paragraphs 81 and 83). The Committee is of the view that the requirement laid down in the law is too high. The Committee therefore requests the Government to lower the minimum number necessary for setting up a workers' organization.

The Committee also requests the Government to state in its next report whether other laws or regulations are in force or in the pipeline concerning the exercise of the right to strike. It also requests the Government to indicate whether important restrictions which previously existed under the Soviet regime on the right of workers to participate in collective action aimed at disturbing transport operations or state or social institutions or undertakings, combined with severe sanctions, including sentences of imprisonment for up to three years, are still in force and, if so, to consider amending or repealing these provisions.

2. The Law on Public Organizations and their Associations of 15 December 1992. The Committee notes that according to the Government's latest report the right of employers to organize is laid down in the Law on Public Organizations and their Associations. However, employers are also referred to in the Law on Trade Unions: according to section 2, paragraph 2, of this law "employers can found their own trade union". It is therefore not entirely clear to the Committee whether this provision is designed to give managerial staff the right to organize or whether it means to say that employers may also set up their own organizations under the conditions spelt out in the Law on Trade Unions. The Committee therefore requests the Government to clarify, in its next report, the meaning of this provision.

The Committee also notes that according to section 1 of the Law on Public Organizations and their Associations a public organization can be founded by ten or more persons. The Committee considers that it is contrary to the Convention to require a minimum number of ten persons to set up an employers' organization and, in addition, to couple it with a provision giving the Ministry of Justice the power to cancel a registration if membership drops to less than ten members (section 33). The Government is therefore requested to lower the minimum number of persons or entities necessary to establish an employers' organization. It is also requested to amend section 33 of the Law on Public Organizations and their Associations accordingly.

The Committee also notes that according to section 24(1) state institutions shall monitor and control the activities of public organizations. Pursuant to section 24(2) officials "shall have the right to participate in the meetings of public organizations". The Committee considers that this provision might be incompatible with the right of employers to organize their activities and formulate their programmes in full freedom, as guaranteed in Article 3 of the Convention. The Committee requests the Government to repeal this provision which seems to authorize officials to participate in the meetings of employers' organizations.

The Committee further notes that if a court terminates an organization's activities and cancels its registration it also shall, under section 37(2), order the confiscation of the property of the organization concerned on behalf of the State. The use of the property thus confiscated shall then be decided by the Government (section 39(3)). The Committee notes that this clause gives the Government wide discretionary power over the use of assets, contrary to Article 4 of the Convention. The Committee therefore requests the Government to repeal section 37(2).

The Committee finally notes that according to section 16(4) public organizations have, inter alia, the right to "maintain contacts with the public organizations of other countries". It requests the Government to spell out with greater precision the right of employer organizations to affiliate with international organizations of employers, as enshrined in Article 5 of the Convention.

Considering its above comments on the application of the Convention the Committee noted in its previous comments that a draft law on employers' associations was being prepared. It requests the Government to take into account its above comments when drafting the bill. It recalls that ILO technical assistance is available to the Government for preparing the bill. It also requests the Government to indicate in its next report the progress made with respect to this Bill and to provide a copy as soon as it is available.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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:

1. The Law on Trade Unions of 13 December 1990. The Committee notes that the Law on Trade Unions provides for the registration of unions which confers legal personality. A major condition for registration is that applicant unions "unite not less than 50 members or not less than one-fourth of the workforce in an enterprise, institution, organization, profession or branch". The Committee recalls that stipulating a minimum membership requirement as a condition for registration is not in itself incompatible with Article 2 of the Convention. However, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered (General Survey on freedom of association and collective bargaining, 1994, paragraphs 81 and 83). The Committee is of the view that the requirement laid down in the law is too high. The Committee therefore requests the Government to lower the minimum number necessary for setting up a workers' organization.

The Committee also requests the Government to state in its next report whether other laws or regulations are in force or in the pipeline concerning the exercise of the right to strike. It also requests the Government to indicate whether important restrictions which previously existed under the Soviet regime on the right of workers to participate in collective action aimed at disturbing transport operations or state or social institutions or undertakings, combined with severe sanctions, including sentences of imprisonment for up to three years, are still in force and, if so, to consider amending or repealing these provisions.

2. The Law on Public Organizations and their Associations of 15 December 1992. The Committee notes that according to the Government's report the right of employers to organize is laid down in the Law on Public Organizations and their Associations. However, employers are also referred to in the Law on Trade Unions: according to section 2, paragraph 2, of this law "employers can found their own trade union". It is therefore not entirely clear to the Committee whether this provision is designed to give managerial staff the right to organize or whether it means to say that employers may also set up their own organizations under the conditions spelt out in the Law on Trade Unions. The Committee therefore requests the Government to clarify, in its next report, the meaning of this provision.

The Committee also notes that according to section 1 of the Law on Public Organizations and their Associations a public organization can be founded by ten or more persons. The Committee considers that it is contrary to the Convention to require a minimum number of ten persons to set up an employers' organization and, in addition, to couple it with a provision giving the Ministry of Justice the power to cancel a registration if membership drops to less than ten members (section 33). The Government is therefore requested to lower the minimum number of persons or entities necessary to establish an employers' organization. It is also requested to amend section 33 of the Law on Public Organizations and their Associations accordingly.

The Committee also notes that according to section 24(1) state institutions shall monitor and control the activities of public organizations. Pursuant to section 24(2) officials "shall have the right to participate in the meetings of public organizations". The Committee considers that this provision might be incompatible with the right of employers to organize their activities and formulate their programmes in full freedom, as guaranteed in Article 3 of the Convention. The Committee requests the Government to repeal this provision which seems to authorize officials to participate in the meetings of employers' organizations.

The Committee further notes that if a court terminates an organization's activities and cancels its registration it also shall, under section 37(2), order the confiscation of the property of the organization concerned on behalf of the State. The use of the property thus confiscated shall then be decided by the Government (section 39(3)). The Committee notes that this clause gives the Government wide discretionary power over the use of assets, contrary to Article 4 of the Convention. The Committee therefore requests the Government to repeal section 37(2).

The Committee finally notes that according to section 16(4) public organizations have, inter alia, the right to "maintain contacts with the public organizations of other countries". It requests the Government to spell out with greater precision the right of employer organizations to affiliate with international organizations of employers, as enshrined in Article 5 of the Convention.

Considering its above comments on the application of the Convention the Committee notes with interest that a draft law on employers' associations is under preparation. It requests the Government to take into account its above comments when drafting the bill. It recalls that ILO technical assistance is available to the Government for preparing the bill. It also requests the Government to provide a copy of the bill as soon as it is available.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the Government's report.

1. The Law on Trade Unions of 13 December 1990. The Committee notes that the Law on Trade Unions provides for the registration of unions which confers legal personality. A major condition for registration is that applicant unions "unite not less than 50 members or not less than one-fourth of the workforce in an enterprise, institution, organization, profession or branch". The Committee recalls that stipulating a minimum membership requirement as a condition for registration is not in itself incompatible with Article 2 of the Convention. However, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered (General Survey on freedom of association and collective bargaining, 1994, paragraphs 81 and 83). The Committee is of the view that the requirement laid down in the law is too high. The Committee therefore requests the Government to lower the minimum number necessary for setting up a workers' organization.

The Committee also requests the Government to state in its next report whether other laws or regulations are in force or in the pipeline concerning the exercise of the right to strike. It also requests the Government to indicate whether section 190(3), read together with section 24 of the Penal Code of the former USSR, which contained important restrictions on the right of workers to participate in collective action aimed at disturbing transport operations or state or social institutions or undertakings, combined with severe sanctions, including sentences of imprisonment for up to three years, are still in force and, if so, to consider amending or repealing these provisions.

2. The Law on Public Organizations and their Associations of 15 December 1992. The Committee notes that according to the Government's report the right of employers to organize is laid down in the Law on Public Organizations and their Associations. However, employers are also referred to in the Law on Trade Unions: according to section 2, paragraph 2, of this law "employers can found their own trade union". It is therefore not entirely clear to the Committee whether this provision is designed to give managerial staff the right to organize or whether it means to say that employers may also set up their own organizations under the conditions spelt out in the Law on Trade Unions. The Committee therefore requests the Government to clarify, in its next report, the meaning of this provision.

The Committee also notes that according to section 1 of the Law on Public Organizations and their Associations a public organization can be founded by ten or more persons. The Committee considers that it is contrary to the Convention to require a minimum number of ten persons to set up an employers' organization and, in addition, to couple it with a provision giving the Ministry of Justice the power to cancel a registration if membership drops to less than ten members (section 33). The Government is therefore requested to lower the minimum number of persons or entities necessary to establish an employers' organization. It is also requested to amend section 33 of the Law on Public Organizations and their Associations accordingly.

The Committee also notes that according to section 24(1) state institutions shall monitor and control the activities of public organizations. Pursuant to section 24(2) officials "shall have the right to participate in the meetings of public organizations". The Committee considers that this provision might be incompatible with the right of employers to organize their activities and formulate their programmes in full freedom, as guaranteed in Article 3 of the Convention. The Committee requests the Government to repeal this provision which seems to authorize officials to participate in the meetings of employers' organizations.

The Committee further notes that if a court terminates an organization's activities and cancels its registration it also shall, under section 37(2), order the confiscation of the property of the organization concerned on behalf of the State. The use of the property thus confiscated shall then be decided by the Government (section 39(3)). The Committee notes that this clause gives the Government wide discretionary power over the use of assets, contrary to Article 4 of the Convention. The Committee therefore requests the Government to repeal section 37(2).

The Committee finally notes that according to section 16(4) public organizations have, inter alia, the right to "maintain contacts with the public organizations of other countries". It requests the Government to spell out with greater precision the right of employer organizations to affiliate with international organizations of employers, as enshrined in Article 5 of the Convention.

Considering its above comments on the application of the Convention the Committee notes with interest that a draft law on employers' associations is under preparation. It requests the Government to take into account its above comments when drafting the bill. It recalls that ILO technical assistance is available to the Government for preparing the bill. It also requests the Government to provide a copy of the bill as soon as it is available.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with satisfaction that the Law on Trade Unions of 13 December 1990 allows for the possibility of trade union pluralism and guarantees the right to strike. It however notes that the registration of workers' organizations under this law as well as the registration of employers' organizations under the Law on Public Organizations and their Associations of 15 December 1992 is subject to certain conditions which may affect this possibility in practice. It also notes that the Law on Public Organizations and their Associations contains certain other provisions which are not fully compatible with the rights enshrined in this Convention. It therefore raises a number of points in a request addressed directly to the Government.