Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mozambique (Ratification: 1996)

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

Application of the Convention in the private sector

Article 4 of the Convention. Collective bargaining in practice. The Committee had previously requested the Government to provide information on measures taken to promote free and voluntary collective bargaining in the private sector with an indication of the sector concerned, the number of collective agreements signed and enforced, and the number of workers covered. In the absence of information from the Government in this respect, the Committee reiterates its request.

Adoption of the Act on trade union organization in the public service

Legislative matters. In its previous comments, the Committee welcomed the adoption of the Act on trade union organization in the public service and, with a view to ensuring that public servants and employees who are not engaged in the administration of the State benefit from the guarantees afforded by the Convention, it raised with the Government the following matters:

• – Adequate protection against anti-union discrimination and interference. After noting the various provisions of the Act prohibiting acts of anti-union discrimination and interference and guaranteeing the stability of employment of union representatives, the Committee requested the Government to indicate the machinery and sanctions applicable in the event of acts of anti-union discrimination or interference by a public employer, and the legislative texts referring to such procedures and sanctions.
• – Right of workers and employers to establish and join organizations of their own choosing. The Committee noted that the thresholds of representativity for the establishment of provincial federations, national federations and confederations were particularly high and requested the Government to take the necessary measures, in consultation with the trade union organizations concerned, to facilitate collective bargaining by public officials and employees who are not engaged in the administration of the State, either by significantly reducing the threshold of representativity required for the establishment of provincial federations, national federations or confederations, or by recognizing the possibility for various trade union organizations to group together provisionally so as to be able to participate jointly in the bargaining process concerning public servants and employees who are not engaged in the administration of the State.
• – Scope of application of the Act on trade union organization in the public service. With a view to assessing more fully the extent to which the categories of public employees covered by the Act on trade union organization in the public service were also covered by the Convention, the Committee requested the Government to provide information on the various institutions and bodies covered by section 3 of the Act and to specify in particular the institutions considered as indirect administration of the State.

Noting with regret that the Government once again did not provide any information in this regard, the Committee urges the Government to provide detailed information on the points raised above. The Committee recalls that the Government can avail itself of the technical assistance of the Office.

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

The Committee previously requested the Government to provide its comments on the 2010 observations made by the International Trade Union Confederation (ITUC) regarding acts of anti-union discrimination in export processing zones. The Committee notes with regret that the Government once again has not provided any information in this respect.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take all the necessary measures to be able to provide specific statistics on the number of complaints, including judicial complaints, related to acts of anti-union discrimination and interference, and the number of fines imposed. The Committee notes the Government’s indication that four complaints related to acts of anti-union discrimination and interference were registered in 2019 and 2020. It notes however that no information was provided on how these complaints were addressed by the public authorities or on the outcomes of the related procedures. Highlighting that the small number of anti-union discrimination and interference complaints may be due to reasons other than an absence of acts of anti-union discrimination and interference, the Committee requests the Government to take the necessary measures to ensure that, on the one hand, the competent authorities take fully into account the issues of anti-union discrimination and interference in their control and prevention activities and that, on the other hand, the workers and employers in the country are fully informed of their rights regarding these issues. The Committee requests the Government to provide information on the measures taken in this regard, as well as specific statistics on the number of complaints, including judicial complaints, related to acts of anti-union discrimination and interference, and the number of fines imposed.

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

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

Application of the Convention in the private sector

Article 4 of the Convention. Collective bargaining in practice. The Committee had previously requested the Government to provide information on measures taken to promote free and voluntary collective bargaining in the private sector with an indication of the sector concerned, the number of collective agreements signed and enforced, and the approximate number of workers covered. In the absence of information from the Government in this respect, the Committee reiterates its request.

Adoption of the Act on trade union organization in the public service

Legislative matters. In its previous comments, the Committee welcomed the adoption of the Act on trade union organization in the public services and, with a view to ensuring that public servants and employees who are not engaged in the administration of the State benefit from the guarantees afforded by the Convention, it raised with the Government the following matters:

• -Adequate protection against anti-union discrimination and interference. The Committee noted that: (i) section 8(a) of the Act provided that state workers shall not be denied any right or freedom on the grounds of their membership, or not, of a trade union association; (ii) section 20(2) of the Act guaranteed the employment stability of trade union representatives during their term of office, except in the event of misconduct; and (iii) section 13 prohibited interference by the State in the organization and administration of trade union associations, and it requested the Government to indicate the machinery and sanctions applicable in the event of acts of anti union discrimination or interference by a public employer, and the legislative texts referring to such procedures and sanctions.
• -Right of workers and employers to establish and join organizations of their own choosing. The Committee noted that the thresholds of representativity for the establishment of provincial federations, national federations and confederations was particularly high and requested the Government to take the necessary measures, in consultation with the trade union organizations concerned, to facilitate collective bargaining by public officials and employees who are not engaged in the administration of the State, either by significantly reducing the threshold of representativity required for the establishment of provincial federations, national federations or confederations, or by recognizing the possibility for various trade union organizations to group together provisionally so as to be able to participate jointly in the bargaining process concerning public servants and employees who are not engaged in the administration of the State.
• -Scope of application of the Act on trade union organization in the public service. In its previous comments, the Committee, with a view to assessing more fully the extent to which the categories of public employees covered by the Act on trade union organization in the public service were also covered by the Convention, requested the Government to provide information on the various institutions and bodies covered by section 3 of the Act and to specify in particular the institutions considered as indirect administration of the State.

Noting with regret that the Government did not provide any information in this regard, the Committee urges the Government to provide detailed information on the points raised above. The Committee recalls that the Government can avail itself of the technical assistance of the Office.

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

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee had requested the Government to provide specific information on the number of complaints, including judicial complaints, concerning acts of anti-union discrimination and interference and the number of fines imposed, as well as on observations made by the International Trade Union Confederation (ITUC) regarding acts of anti-union discrimination in export processing zones. The Committee notes the Government’s indication that: (i) in 2018, the Labour Mediation and Arbitration Centres processed 7,040 cases, comprising 6,870 cases and 170 cases that had been filed in the previous year and of these, 6,381 were resolved; (ii) peaceful solutions were reached through the signing of agreements between the parties in 5,396 of the cases resolved through mediation; and (iii) agreements signed through the mediation process have enabled 271 workers to return to their positions and permitted the payment of compensation and salaries in the amount of 57,731,225 Mozambican meticals. Noting once again the absence of specific information in the Government’s report in response to its previous requests, the Committee requests the Government to take all the necessary measures so as to be able to provide specific statistics on the number of complaints, including judicial complaints, related to acts of anti union discrimination and interference, and the number of fines imposed. The Committee recalls that the Government can avail itself of the technical assistance of the Office.

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

Application of the Convention in the private sector

Article 4 of the Convention. Collective bargaining in practice. The Committee had previously requested the Government to provide information on any measures taken to promote free and voluntary collective bargaining and on any collective agreements concluded, with an indication of the sector concerned and the approximate number of workers covered. The Committee notes that according to the information provided by the Government: (i) the Government is organizing trainings and holding workshops for social partners on social dialogue, conciliation and mediation in labour-related issues; and (ii) the Labour Mediation and Arbitration Commission (COMAL), a tripartite extrajudicial mechanism created in 2009, has contributed to the resolution of collective conflicts, for example, during the strikes of 4,500 workers at the Maragra and Xinavane sugar plantations in 2017. While taking due note of the information provided by the Government, the Committee requests the Government to continue providing information on measures taken to promote free and voluntary collective bargaining in the private sector with an indication of the sector concerned, the number of collective agreements signed and enforced, and the approximate number of workers covered.

Adoption of the Act on trade union organization in the public service

Legislative matters. In its previous comments, the Committee welcomed the adoption of the Act on trade union organization in the public services and, with a view to ensuring that public servants and employees who are not engaged in the administration of the State (such as workers in public enterprises, municipal employees and employees in decentralized institutions, or teachers in the public sector) benefit from the guarantees afforded by the Convention, it raised with the Government the following matters:

• -Adequate protection against anti-union discrimination and interference. The Committee noted that: (i) section 8(a) of the Act provided that state workers shall not be denied any right or freedom on the grounds of their membership, or not, of a trade union association; (ii) section 20(2) of the Act guaranteed the employment stability of trade union representatives during their term of office, except in the event of a breach of discipline; and (iii) section 13 prohibited interference by the State in the organization and administration of trade union associations; and it requested the Government to indicate the machinery and sanctions applicable in the event of acts of anti-union discrimination or interference by a public employer, and the legislative texts referring to such procedures and sanctions.
• -Right of workers and employers to establish and join organizations of their own choosing. The Committee noted that the thresholds of representativity for the establishment of provincial federations, national federations and confederations was particularly high and requested the Government to take the necessary measures, in consultation with the trade union organizations concerned, to facilitate collective bargaining by public officials and employees who are not engaged in the administration of the State, either by significantly reducing the threshold of representativity required for the establishment of provincial federations, national federations or confederations, or by recognizing the possibility for various trade union organizations to group together provisionally so as to be able to participate jointly in the bargaining process concerning public servants and employees who are not engaged in the administration of the State.
• -Scope of application of the Act on trade union organization in the public service. In its previous comments, the Committee, with a view to assessing more fully the extent to which the categories of public employees covered by the Act on trade union organization in the public service were also covered by the Convention, requested the Government to provide information on the various institutions and bodies covered by section 3 of the Act and to specify in particular the institutions considered as indirect administration of the State.

Noting with regret that the Government did not provide any specific information in this regard, the Committee reiterates its previous request. The Committee recalls that the Government can avail itself of the technical assistance of the ILO.

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

The Committee had previously requested the Government to provide its comments on the 2010 observations made by the International Trade Union Confederation (ITUC) regarding acts of anti-union discrimination in export processing zones and the consistent violation of collective agreements. Noting with regret that the Government did not provide any information in this respect, the Committee reiterates its previous request.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee had previously requested the Government to provide information on the number of complaints received concerning acts of anti-union discrimination and interference, and on the number of fines imposed, with a view to being able to assess whether the penalties envisaged were sufficiently dissuasive. The Committee notes the Government’s indication that: (i) the Labour Mediation and Arbitration Commission (COMAL), a tripartite body created in 2009, has processed, from its inception in 2010 until the first half of 2018, 60,888 cases, resulting in 48,229 agreements and 12,659 deadlocks; and (ii) 83 per cent of labour-related cases have been resolved through this extrajudicial mechanism, demonstrating the usefulness of this mechanism for resolving labour-related conflicts. While welcoming the creation of the COMAL and the promotion of extrajudicial mechanisms in labour-related conflicts in general, the Committee requests once again the Government to provide specific information on the number of complaints, including judicial complaints, concerning acts of anti-union discrimination and interference and the number of fines imposed. The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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

The Committee notes 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 2015.

Application of the Convention in the private sector

Article 4 of the Convention. Compulsory arbitration in services which are not essential in the strict sense of the term. With regard to its previous comments concerning the need to amend section 205 of the Labour Act, the Committee requests the Government to refer to its comments concerning sections 189 and 205 of the Act, contained in its direct request on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Collective bargaining in practice. The Committee requests the Government to provide information on any measures taken to promote free and voluntary collective bargaining and on any collective agreements concluded, with an indication of the sector concerned and the approximate number of workers covered.

Adoption of the Act on trade union organization in the public service

The Committee welcomes the adoption on 27 August 2014 of the Act on trade union organization in the public service which recognizes the freedom of association and the right to collective bargaining of public servants and employees. With a view to ensuring that public servants and employees who are not engaged in the administration of the State (such as workers in public enterprises, municipal employees and employees in decentralized institutions, teachers in the public sector) who are covered by the present Convention benefit from its guarantees, the Committee is addressing the following questions and comments to the Government on certain provisions of the Act:

• – Articles 1 and 2. Adequate protection against anti-union discrimination and interference. The Committee notes that section 8(a) of the Act provides that State workers shall not be denied any right or freedom on the grounds of their membership or not of a trade union association. The Committee also notes that section 20(2) of the Act guarantees the employment stability of trade union representatives during their term of office, except in the event of a breach of discipline. The Committee finally notes that section 13 prohibits interference by the State in the organization and administration of trade union associations. Emphasizing that legislative provisions prohibiting anti-union discrimination and interference must be accompanied by rapid and effective procedures and dissuasive sanctions to ensure their effective application in practice, the Committee requests the Government to indicate the machinery and sanctions applicable in the event of acts of anti-union discrimination or interference by a public employer, and the legislative texts referring to such procedures and sanctions.
• – Article 4. Promotion of collective bargaining. The Committee notes that, under the terms of sections 36 et seq. of the Act, workers’ organizations may take various forms, each of which benefit from certain prerogatives in relation to collective bargaining. The Committee observes in particular that: (i) trade union committees (with at least ten members) and trade unions (with a membership of at least 5 per cent of the total number of public servants and employees) may conclude collective agreements of limited scope at the level of a specific institution; (ii) provincial federations, national federations and confederations (each with a membership of at least 35 per cent of the workers within their respective area of representation) may sign agreements at the provincial level, in the case of the former, and at the sectoral level for the latter two; and (iii) the confederations referred to previously have the monopoly of collective bargaining at the central level.

The Committee notes that the thresholds of representativity for the establishment of provincial federations, national federations and confederations are particularly high. It also notes that only these types of organizations are permitted to negotiate at the sectoral, provincial and central levels, which often play an important role in the determination of terms and conditions of employment in the public sector, including in the case of public servants and employees who are not engaged in the administration of the State. While recalling that systems which reserve the monopoly of collective bargaining for the most representative unions are compatible with the Convention, the Committee emphasizes that the requirement of a high percentage of representativity to be authorized to bargain collectively may impair the promotion and development of free and voluntary collective bargaining within the meaning of the Convention. In this respect, the Committee requests the Government to take the necessary measures, in consultation with the trade union organizations concerned, to facilitate collective bargaining by public officials and employees who are not engaged in the administration of the State, either by significantly reducing the threshold of representativity required for the establishment of provincial federations, national federations or confederations, or by recognizing the possibility for various trade union organizations to group together provisionally so as to be able to participate jointly in the bargaining process concerning public servants and employees who are not engaged in the administration of the State. Recalling that the Government may have recourse to ILO technical assistance, the Committee requests the Government to provide information on any progress achieved in this regard.

• – Article 6. Scope of application of the Act on trade union organization in the public service. With a view to assessing more fully the extent to which the categories of public employees covered by the Act on trade union organization in the public service are also covered by the Convention, and recalling that, under the terms of Article 6, the Convention applies to public servants who are not engaged in the administration of the State, the Committee requests the Government to provide information on the various institutions and bodies covered by section 3 of the Act and to specify in particular the institutions considered as indirect administration of the State.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

In its previous comments, the Committee noted the 2010 observations of the International Trade Union Confederation (ITUC) referring once again to acts of anti union discrimination in export processing zones and the consistent violation of collective agreements. Recalling that similar observations had already been brought to its attention and noting that the Government has still not provided information in reply, the Committee urges the Government to provide its comments in this respect and to ensure that the provisions of the Convention are applied in this sector.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to provide information on the number of complaints received concerning acts of anti-union discrimination and interference, and the amount of the fines imposed, with a view to being able to assess whether the penalties envisaged (between five and ten minimum wages, which may be doubled in the event of repeat offences) are sufficiently dissuasive in practice. The Committee notes with regret that the Government has still not provided information on this point. The Committee therefore once again requests the Government to provide detailed information on the number of complaints received concerning acts of anti-union discrimination and interference, and the amount of the fines imposed, including in export processing zones which, according to the ITUC, are the areas most frequently subject to anti-union discrimination and interference.

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Application of the Convention in the private sector

Article 4 of the Convention. Compulsory arbitration in services which are not essential in the strict sense of the term. With regard to its previous comments concerning the need to amend section 205 of the Labour Act, the Committee requests the Government to refer to its comments concerning sections 189 and 205 of the Act, contained in its direct request on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Collective bargaining in practice. The Committee requests the Government to provide information on any measures taken to promote free and voluntary collective bargaining and on any collective agreements concluded, with an indication of the sector concerned and the approximate number of workers covered.

Adoption of the Act on trade union organization in the public service

The Committee welcomes the adoption on 27 August 2014 of the Act on trade union organization in the public service which recognizes the freedom of association and the right to collective bargaining of public servants and employees. With a view to ensuring that public servants and employees who are not engaged in the administration of the State (such as workers in public enterprises, municipal employees and employees in decentralized institutions, teachers in the public sector) who are covered by the present Convention benefit from its guarantees, the Committee is addressing the following questions and comments to the Government on certain provisions of the Act:

• – Articles 1 and 2. Adequate protection against anti-union discrimination and interference. The Committee notes that section 8(a) of the Act provides that State workers shall not be denied any right or freedom on the grounds of their membership or not of a trade union association. The Committee also notes that section 20(2) of the Act guarantees the employment stability of trade union representatives during their term of office, except in the event of a breach of discipline. The Committee finally notes that section 13 prohibits interference by the State in the organization and administration of trade union associations. Emphasizing that legislative provisions prohibiting anti-union discrimination and interference must be accompanied by rapid and effective procedures and dissuasive sanctions to ensure their effective application in practice, the Committee requests the Government to indicate the machinery and sanctions applicable in the event of acts of anti-union discrimination or interference by a public employer, and the legislative texts referring to such procedures and sanctions.
• – Article 4. Promotion of collective bargaining. The Committee notes that, under the terms of sections 36 et seq. of the Act, workers’ organizations may take various forms, each of which benefit from certain prerogatives in relation to collective bargaining. The Committee observes in particular that: (i) trade union committees (with at least ten members) and trade unions (with a membership of at least 5 per cent of the total number of public servants and employees) may conclude collective agreements of limited scope at the level of a specific institution; (ii) provincial federations, national federations and confederations (each with a membership of at least 35 per cent of the workers within their respective area of representation) may sign agreements at the provincial level, in the case of the former, and at the sectoral level for the latter two; and (iii) the confederations referred to previously have the monopoly of collective bargaining at the central level.
• The Committee notes that the thresholds of representativity for the establishment of provincial federations, national federations and confederations are particularly high. It also notes that only these types of organizations are permitted to negotiate at the sectoral, provincial and central levels, which often play an important role in the determination of terms and conditions of employment in the public sector, including in the case of public servants and employees who are not engaged in the administration of the State. While recalling that systems which reserve the monopoly of collective bargaining for the most representative unions are compatible with the Convention, the Committee emphasizes that the requirement of a high percentage of representativity to be authorized to bargain collectively may impair the promotion and development of free and voluntary collective bargaining within the meaning of the Convention. In this respect, the Committee requests the Government to take the necessary measures, in consultation with the trade union organizations concerned, to facilitate collective bargaining by public officials and employees who are not engaged in the administration of the State, either by significantly reducing the threshold of representativity required for the establishment of provincial federations, national federations or confederations, or by recognizing the possibility for various trade union organizations to group together provisionally so as to be able to participate jointly in the bargaining process concerning public servants and employees who are not engaged in the administration of the State. Recalling that the Government may have recourse to ILO technical assistance, the Committee requests the Government to provide information on any progress achieved in this regard.
• – Article 6. Scope of application of the Act on trade union organization in the public service. With a view to assessing more fully the extent to which the categories of public employees covered by the Act on trade union organization in the public service are also covered by the Convention, and recalling that, under the terms of Article 6, the Convention applies to public servants who are not engaged in the administration of the State, the Committee requests the Government to provide information on the various institutions and bodies covered by section 3 of the Act and to specify in particular the institutions considered as indirect administration of the State.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

In its previous comments, the Committee noted the 2010 observations of the International Trade Union Confederation (ITUC) referring once again to acts of anti-union discrimination in export processing zones and the consistent violation of collective agreements. Recalling that similar observations had already been brought to its attention and noting that the Government has still not provided information in reply, the Committee urges the Government to provide its comments in this respect and to ensure that the provisions of the Convention are applied in this sector.

Adoption of the Act on trade union organization in the public service. The Committee notes with satisfaction the adoption on 27 August 2014 of the Act on trade union organization in the public service which recognizes the freedom of association and right to collective bargaining of public servants. With a view to ensuring that public servants and employees who are not engaged in the administration of the State (for example, workers in public enterprises, municipal employees and employees in decentralized institutions, teachers in the public sector) who are covered by the present Convention benefit from its guarantees, the Committee is addressing a series of questions and comments to the Government on certain provisions of the Act in a direct request.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to provide information on the number of complaints received concerning acts of anti-union discrimination and interference, and the amount of the fines imposed, with a view to being able to assess whether the penalties envisaged (between five and ten minimum wages, which may be doubled in the event of repeat offences) are sufficiently dissuasive in practice. The Committee notes with regret that the Government has still not provided information on this point. The Committee therefore once again requests the Government to provide detailed information on the number of complaints received concerning acts of anti-union discrimination and interference, and the amount of the fines imposed, including in export processing zones which, according to the ITUC, are the areas most frequently subject to anti-union discrimination and interference.

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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) dated 24 August 2010 referring once again to acts of anti-union discrimination in the export processing zones and the consistent violation of collective agreements. Pointing out that similar observations have already been brought to its attention and noting that the Government provides no information in reply, the Committee once again requests the Government to send its observations on these matters and to ensure that the provisions of the Convention are applied in this sector.

Articles 1 and 2 of the Convention. Protection from anti-union discrimination and interference. In its previous comments, the Committee asked the Government for information on the number of complaints filed against acts of anti-union discrimination and interference, and on the amount of the fines incurred so that it could assess whether the prescribed penalties (from five to ten minimum wages, which may be doubled in the event of a repeat offence) are dissuasive enough in practice. The Committee notes the information sent by the Government that workers are protected against anti-union discrimination and interference under sections 137 (freedom of association), 138 (principle of autonomy and independence), and 142 (protection of freedom of association) of the Labour Code (Act No. 23/2007). It notes that the Government provides no information on the number of complaints lodged against acts of anti-union discrimination and interference or the amount of the fines incurred. The Committee therefore once again requests the Government in its next report to provide detailed information on the number of complaints received for acts of anti-union discrimination and interference and the amount of the fines incurred, including in export processing zones, which, according to the ITUC, are the areas most subject to anti-union discrimination and interference.

Article 4. Compulsory arbitration. In its previous comments, the Committee asked the Government to amend section 205 of the Labour Code in which the list of essential services (sectors in which compulsory arbitration may be imposed on parties to collective bargaining) includes postal services, the petroleum sector, meteorological services and the loading and unloading of cattle and perishable goods. The Committee notes that, in response, the Government merely indicates that as regards the prevention of collective labour disputes, there were 2,271 conciliations in 2009, of which 1,285 were collective and 986 were individual (i.e. an increase of 105 per cent over 2008). The Committee once again recalls that compulsory arbitration may be imposed only on public servants exercising authority in the name of the State or workers in essential services in the strict sense of the term, that is services the interruption of which would endanger the safety or health of the whole or part of the population. The Committee is of the view that the services referred to are not essential services; consequently, a dispute in these services should not be subject to compulsory arbitration, but settled by conciliation and mediation. The Committee therefore requests the Government once again to amend section 205 of the Labour Code in accordance with the abovementioned principle.

Article 6. Collective bargaining in the public sector. The Committee notes the adoption of Act No. 14/2009 of 17 March 2009 issuing the General Public and Civil Service Regulations (EGFAE). It notes that section 76, on freedom of association, provides that “the establishment, merger, federation and dissolution of unions and occupational associations of the public service, and the guarantees of independence and autonomy vis-à-vis the State, political parties, churches and religious denominations, shall be regulated by law so as to promote occupational stability and the settlement of disputes between the State and public and civil servants”. The Committee requests the Government to indicate whether the law to regulate specifically the freedom of association of public servants (mentioned in section 76 of Act No. 14/2009) has been adopted and, if so, to provide a copy so that the Committee can ascertain that public servants who are not engaged in the administration of the State enjoy the guarantees laid down in the Convention, including the right to collective bargaining.

Collective bargaining in practice. The Committee requested the Government to continue to promote free and voluntary collective bargaining and to indicate all measures taken to that end. It notes in this connection the information that: (1) 416 enterprises employing 9,481 workers were visited (an increase of 235 per cent over 2008) in order to alert the social partners to the importance of concluding collective agreements; (2) lectures were organized in 315 enterprises employing 9,224 workers to inform them of the legislation applying to collective bargaining among other subjects; (3) measures were taken in support of collective bargaining procedures in enterprises; and (4) 71 collective agreements were registered (a drop of 18.4 per cent as compared to 2008). The Committee requests the Government to provide information on any measures taken to promote free and voluntary collective bargaining and of any collective agreements concluded, indicating the sector concerned and the approximate number of workers covered.

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

The Committee notes the adoption of the new Labour Act No. 23/2007 of 1 August 2007. It also notes the comments of the International Trade Union Confederation (ITUC) concerning acts of anti-union discrimination in the export processing zones and the limited number of signed collective agreements. The Committee requests the Government to send its observations on these matters.

The Committee recalls that its previous comments concern the following issues.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and acts of interference. The Committee had noted that the draft Labour Code of June 2006 banned acts of anti-union discrimination and acts of interference, but did not provide for sufficiently dissuasive penalties if these bans were violated. It had requested the Government to include sufficiently dissuasive penalties against acts of anti-union discrimination and acts of interference in the draft Labour Code. The Committee notes that the recently adopted Labour Act provides for penalties ranging from five to six times the minimum wage, and that this penalty is doubled if there is a repetition of the violation in the same year. In order to assess whether these penalties are sufficiently dissuasive in practice, the Committee requests the Government to send information on the number of complaints received against acts of anti-trade union discrimination and interference, as well as on the amount of the fines imposed in the cases of violation.

Article 4. Compulsory arbitration. The Committee had observed that section 189 of the draft Labour Code provided for compulsory arbitration in the case of collective disputes in essential services which, under section 205, included the postal services, petroleum sector, meteorological services, loading and unloading of cattle and perishable goods. Noting that the Labour Act of 2007 retains these provisions, the Committee recalls that compulsory arbitration may only be imposed in the case of public servants exercising authority in the name of the State or in the case of essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers that the services listed are not essential services and therefore that any conflict arising in them should not be submitted to compulsory arbitration, but rather be dealt with in the framework of conciliation and mediation procedures. The Committee therefore requests the Government to amend section 205 of the Labour Act so as to exclude the postal services, petroleum sector, meteorological services, loading and unloading of cattle and perishable goods from the list of essential services, in which compulsory arbitration may be imposed.

Article 6. Collective bargaining in the public sector. In a previous comment, the Committee had requested the Government to indicate whether public servants, who are not engaged in the administration of the State, enjoy the guarantees provided for under the Convention: it had noted the Government’s reply that the draft law on trade union activities in the public sector covered these workers, including those in the public administration, both at national and local level, as well as public and subordinate institutions. However, it had noted that section 36 of this text promoted arbitration and governmental intervention as a fundamental means to settle disputes. The Committee had then recalled that compulsory arbitration was only admissible in the case of public servants who could be excluded from the rights provided for in the Convention under Article 6, in other words those engaged in the administration of the State, and that the other public servants should be able to bargain collectively. The Committee notes that, according to the Government’s report, public servants are not covered by the trade union law but that the legislation on public servants’ organizations will be examined by Parliament in October and November 2008. The Government also states that the National Authority for the Public Service was established in June 2006. The Committee firmly hopes that the legislation on public servants will be adopted as soon as possible and that it will ensure that public servants who are not engaged in the administration of the State benefit from the guarantees under the Convention, including the right to collective bargaining.

The Committee had also requested the Government to send information on the number of collective agreements in force and on the sectors and workers covered. The Committee notes that, according to the Government, 47 collective agreements have been deposited with the public authorities, 25.5 per cent of which were in industry, 21.3 per cent in community services and 19.2 per cent in transport. The Government points out that the total number of collective agreements signed in 2007 represented a considerable increase over those signed in 2006 (104 per cent increase). The Committee takes due note of this information and requests the Government to continue promoting free and voluntary collective bargaining and to indicate any measures taken in this respect.

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

The Committee takes note of the Government’s report as well as of the draft Labour Code of June 2006 (that derogates Labour Act 8/98) and has recently been sent to Parliament and the draft law on the trade union activities in the public sector.

The Committee recalls that its previous comments referred to the following matters.

Articles 1 and 2 of the Convention. Protection against acts of anti union discrimination and acts of interference. The Committee notes that, although acts of anti-union discrimination and acts of interference are forbidden in the draft Labour Code of June 2006, it does not provide for sufficiently dissuasive sanctions against them. The Committee is surprised with the Government’s information according to which this issue will be addressed once the draft Labour Code is approved. The Committee requests the Government to take the necessary measures in order to include sufficiently dissuasive sanctions against acts of anti-union discrimination and acts of interference in the draft Labour Code, in conformity with the Convention.

Article 4. Compulsory arbitration. The Committee observes that section 189 of the draft Labour Code provides for compulsory arbitration in the case of a collective dispute in essential services, following a list enumerated in section 205, which includes the postal services, petroleum sector, meteorological services and loading and unloading of cattle and perishable goods. The Committee recalls that compulsory arbitration may only be imposed in the case of public servants exercising authority in the name of the State or in the case of essential services in the strict sense of the term, which are those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers that those services enumerated in section 205 are not essential services and thus any conflict arisen in them should not be submitted to compulsory arbitration, but rather be dealt with in the framework of conciliation and mediation proceedings. In these conditions, the Committee hopes that the Labour Code to be adopted will be in full conformity with the Convention and requests the Government to keep it informed of the legislative evolution of the bill in its next report.

Article 6. Collective bargaining in the public sector. The Committee had requested the Government to indicate whether public servants, who are not engaged in the administration of the State, enjoy the guarantees provided for by the Convention and, if so, under which provisions. The Committee notes that the draft law on the trade union activities in the public sector covers these workers including those in the public administration, both at the national and local level, as well as public and subordinate institutions. However, the Committee observes that, according to section 36 of the draft law, the State promotes arbitration and governmental intervention as fundamental means to dispute resolution. The Committee recalls that compulsory arbitration is only admissible for those public servants who are engaged in the administration of the State. In these circumstances, the Committee requests the Government to take the necessary measures in order to ensure that the draft law on the trade union activities allows public servants that are not engaged in the administration of the State to bargain collectively. The Committee requests the Government to keep it informed of the parliamentary evolution of the bill.

Comments of the ICFTU. The Committee also takes note of the comments of the International Confederation of Free Trade Unions (ICFTU), which refer namely to the issues already dealt with by the Committee, as well as to acts of trade union discrimination such as threats of dismissals and transfer of trade union leaders. The Committee requests the Government to send its observations on these comments.

Finally, the Committee requests the Government to send information on the number of collective agreements in force and on the sectors and workers covered.

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

The Committee notes the Government’s report and in particular its statement that the labour administration gives assistance to the social partners in order to overcome certain technical difficulties encountered during collective bargaining. The Committee also notes two collective agreements sent by the Government and requests it to send information on the number of collective agreements in force and on the sectors and workers covered.

The Committee recalls that its previous comments referred to the following matters.

(a) Articles 1 and 2 of the Convention. The Committee noted that Labour Act No. 8/98 did not lay down sufficiently dissuasive sanctions to guarantee the protection of workers against acts of anti-union discrimination and acts of interference. The Government undertook to make all the necessary efforts to guarantee that sanctions would be effective. The Committee notes that the Government’s last report does not contain information in this regard. The Committee again requests the Government to adopt the necessary measures in the near future to increase the amounts of fines against discriminatory acts in order to ensure that sanctions are sufficiently effective and dissuasive in practice.

(b) Article 4. The Committee noted that in the event of a collective dispute during the adoption of revisions of a collective agreement, sections 123 and 129 of Labour Act No. 8/98 impose compulsory arbitration on the parties in services which are not essential in the strict sense of the term. The Government stated that efforts would be made to amend these provisions in order to bring them into conformity with the Convention. The Committee notes that the Government does not mention this aspect in its report and again requests the Government to adopt measures in the near future to amend these provisions so that arbitration in the context of collective bargaining in non-essential services is compulsory only if requested by both parties.

(c) Article 6. The Committee requested the Government to indicate whether public servants who are not engaged in the administration of the State enjoy the guarantees provided for by the Convention and, if so, under which provisions. The Committee also requested the Government to clarify the meaning of subordinate institutions governed by special conditions of work, to indicate whether employees in these institutions enjoy the right to collective bargaining and, if so, under which legal provisions, and to send a copy of the conditions of service of public servants. The Government referred to negotiations in the context of state enterprises or public enterprises but not to other public servants. The Committee expresses the hope that the Government will provide the information and texts requested in its next report.

The Committee expresses the firm hope that the Government will reply in detail to the questions raised in its next report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Articles 1 and 2 of the Convention. The Committee had previously noted that the Labour Law Act No. 8/98 does not contain sufficiently dissuasive sanctions to ensure adequate protection of workers against acts of anti-union discrimination and interference. The Committee had requested the Government to take measures to increase the rates of fines to ensure that the sanctions are sufficiently effective and dissuasive in practice to deter discriminatory acts. In this request, the Committee notes that the Government undertakes to make all the necessary efforts to ensure that the sanctions are effective. The Committee hopes that these amendments will be adopted in the near future.

Article 4. The Committee had noted that in the event of an industrial dispute when concluding or amending a collective agreement, sections 123 and 129 of Act No. 8/98 impose compulsory arbitration on the parties in services which are not essential in the strict sense of the term (provision of fuel, postal and transport services, loading and unloading of livestock and perishable foodstuffs). The Committee had requested the Government to take the necessary measures to amend these provisions to ensure that recourse to compulsory arbitration during the collective bargaining process in the above services is only at the request of both parties. The Committee notes the Government’s statement that efforts will be made with a view to amending these provisions to bring them into conformity with the Convention. The Committee hopes that these amendments will be adopted in the near future.

Article 6. The Committee had requested the Government to indicate whether public servants who are not engaged in the administration of the State are able to benefit from the guarantees afforded by the Convention and, if so, to indicate the respective provisions. The Committee had also requested the Government to provide a clarification of the meaning of subordinated institutions which are governed by a special statute and to indicate whether employees in these institutions enjoy the right to collective bargaining, to indicate the legislative texts affording this right and to provide a copy of the conditions of service of public servants. The Committee notes with regret that the Government only refers to negotiations in the context of state and public enterprises. The Committee expresses the firm hope that the Government will provide the requested information and texts with its next report.

The Committee once again requests the Government to inform it in its next report of any measures adopted with regard to the above points.

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

The Committee notes the Government's report and in particular the adoption of the Labour Law Act No. 8/98 of 20 July 1999.

Articles 1 and 2 of the Convention. The Committee notes that the above Act does not contain sufficiently dissuasive sanctions to ensure adequate protection against acts of anti-union discrimination and interference since it imposes fines ranging from one to two months' minimum salary for each worker concerned (section 214(a)). The Committee requests the Government to take measures to increase the fines to ensure that the sanctions are sufficiently effective and dissuasive in practice to deter discriminatory acts.

Article 4. The Committee notes that in the event of an industrial dispute when concluding or amending a collective agreement, sections 123 and 129 of Act No. 8/98 impose compulsory arbitration on the parties in such services as those providing combustible asbestos, postal and transport services, loading and unloading of livestock and perishable foodstuffs, which are not essential services in the strict sense of the term. The Committee again requests the Government to take the necessary measures to amend the Act to ensure that recourse to compulsory arbitration during the collective bargaining process in the above services is only at the request of both parties.

Article 6. The Committee notes that legislation governing the right to organize and to collective bargaining excludes from its scope of application public servants and in institutions which are dependent on the State and which are governed by a special statute. The Committee again requests the Government to indicate in its next report whether public servants who are not engaged in the administration of the State enjoy the guarantees provided for under the Convention and to state which legislative texts provide these guarantees. Moreover, the Committee requests the Government to provide a clarification on the meaning of institutions which are dependent upon the State and which are governed by a special statute and to indicate whether employees in these institutions enjoy the right to collective bargaining. The Committee requests that the Government indicate the pertinent legislative texts. Finally, the Committee again requests the Government to provide a copy of the Public Servants' Statute.

The Committee requests the Government to inform it in its next report of the measures adopted with regard to the above points.

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

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

Article 4 of the Convention. The Committee notes that in section 27 of Decree No. 3390, which governs the exercise of the right to collective bargaining and which imposes compulsory arbitration in the case of an industrial dispute, several of the services defined as essential services (combustible asbestos, postal and transport services, the loading and unloading of livestock and perishable foodstuffs) are not essential services in the strict sense of the term, namely those whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee therefore requests the Government to take measures to amend the above Decree by withdrawing these services from the list of essential services. The Committee requests the Government to inform it in its next report of any measures adopted in this respect.

Article 6. The Committee notes that the legislation which concerns the right to organize and collective bargaining (Act No. 23/91 respecting the exercise of the right to organize, Act No. 8/85 of the Labour Code and Decree No. 33/90 respecting the exercise of the right of collective bargaining) excludes public servants engaged in the administration of the State from its scope of application. Under these circumstances, the Committee requests the Government to inform it in its next report whether public servants who are not engaged in the administration of the State enjoy the guarantees provided for under the provisions of the Convention. Similarly, the Committee requests the Government to transmit a copy of the Public Servants Statute.

Finally, the Committee requests the Government to inform it in its next report whether the Labour Code Bill, which was transmitted to the ILO for comments in 1996, has been adopted.