Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Comoros (Ratification: 1978)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee notes that penalties for violations of section 11 of the Labour Code, which protects trade union activities against acts of discrimination and interference, are set out in section 260 of the Labour Code and consist of a fine of between 250,000 and 750,000 Comorian francs (US$600 and US$1,800) and a sentence of imprisonment of between three months and three years, or one only of these penalties. Recalling the importance of the effective and dissuasive nature of penalties, the Committee requests the Government to provide information on the effect given in practice to these provisions, with an indication of the number of cases brought to the attention of the competent authorities, the duration of the procedures and their outcome. Furthermore, noting that in its reply to the Workers’ Confederation of Comoros (CTC) observations of 2013, the Government indicates that the dismissed trade union officers have been reinstated in their positions, the Committee requests the Government to indicate whether reinstatement accompanied by retroactive wage compensation for the period between the dismissal and the reinstatement order, and compensation for the prejudice suffered, are included among the range of measures that may be ordered by the judicial authorities in cases of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee notes that section 11(2) of the Labour Code contains a general prohibition on any employer from exerting pressure in favour of or against any specific trade union. Recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2 and the establishment of dissuasive penalties, the Committee requests the Government to provide information on the effect given to this provision in practice.

Article 4. Promotion of collective bargaining. Determination of the representative organizations of workers and employers. The Committee notes that, under the terms of section 91(4) of the Labour Code, the representative nature of a trade union or an occupational grouping shall be determined by order of the Minister of Labour, who shall base the decision on various elements, including membership and the results of elections of staff delegates, independence, dues paid, the experience of the union, and the scope and nature of its activities. Although this decision can be appealed for abuse of power, the Committee recalls that this determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see General Survey on the fundamental Conventions, 2012, paragraph 228). In order to ensure compliance with these principles, the Committee requests the Government to provide information on the determination in practice of the representative nature of workers’ and employers’ organizations. The Committee also requests the Government to specify whether section 91 of the Labour Code applies to the conclusion of any collective agreements, or only those concluded at the branch level.

Procedure for the extension of collective agreements. The Committee notes that, in accordance with section 94 of the Labour Code, the Minister of Labour may initiate the extension procedure with a view to making the provisions of collective agreements mandatory for employers and workers covered by the occupational and territorial scope of the agreements. In light of the principle of free and voluntary collective bargaining recognized in Article 4 of the Convention, the Committee recalls that the extension procedure may be subject to the conditions that the collective agreement already covers a number of employers and workers concerned which is sufficiently representative in the opinion of the competent authority. The Committee requests the Government to specify the conditions under which the extension procedure provided for in section 94 of the Labour Code may be initiated in practice.

Promotion of free and voluntary collective bargaining. The Committee notes that the Advisory Labour and Employment Council (CCTE) has been established under the authority of the Minister of Labour by section 188 of the Labour Code and that it may, at the request of the Minister, examine any difficulty arising in relation to the negotiation of collective agreements and issue an opinion on any matters relating to the conclusion and application of collective agreements. The Committee requests the Government to provide information on the role and activities of the CCTE.

Compulsory arbitration. The Committee notes that section 240 of the Labour Code provides that, in the event of the failure of conciliation, the dispute shall be submitted to arbitration by the labour inspector. The Committee also notes that, in accordance with sections 243 and 244, the parties have a period of ten days from the notification of the arbitration award to oppose it, following which an unchallenged award becomes binding. The Committee recalls that, in accordance with the principle of free and voluntary collective bargaining set out in Article 4 of the Convention, compulsory arbitration to bring an end to collective labour disputes is only admissible under certain specific circumstances. The Committee requests the Government to specify the consequences of a party’s opposition to the arbitration award envisaged in section 243(3) of the Labour Code.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee notes, on the one hand, that section 1 of the Labour Code excludes from its scope of application persons appointed to a permanent managerial position in a public administration and, on the other, that under the terms of section 83 of the Code, the personnel of public services, enterprises and establishments not governed by a specific legislative or regulatory status may conclude collective agreements in accordance with the provisions of the Labour Code. Finally, the Committee notes that, under the terms of section 3, the General Regulations respecting public employees of the Union of Comoros does not apply, among others, to the following categories of workers: State employees governed by the Labour Code and employees of local communities and public establishments. The Committee recalls that, under the terms of Article 6, public servants engaged in the administration of the State (that is, public servants who by their functions are directly employed in the administration of the State, such as civil servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the application of the Convention, while all other persons employed by the Government, by public enterprises or by autonomous public institutions (such as employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel) should benefit from the guarantees provided for in the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 172). In light of the above, the Committee requests the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Code, and to indicate any provisions which recognize their right to negotiate their terms and conditions of work and employment.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC), received on 1 August 2017, relating to matters examined by the Committee in the present observation, and it requests the Government to provide its comments in this regard. The Committee notes that, in response to the observations of the CTC in 2013, the Government indicates that the trade union leaders who had been dismissed have been reinstated. The Committee requests the Government to provide its comments on the other matters raised by the CTC, and particularly the allegations of employer pressure against trade union leaders of the CTC, the Union of Health and Education Workers and a new trade union in a communications enterprise to persuade them to end their trade union activities.

Articles 4 and 6 of the Convention. Promotion of collective bargaining in the private and public sectors (employees of public enterprises and public servants not engaged in the administration of the State). In its previous comments, the Committee once again regretted the absence of progress in relation to collective bargaining which, according to the CTC, was not structured and had no framework at any level, and particularly that joint bodies in the public service had still not been established. The Committee notes that the CTC in its 2017 observations makes particular reference to decrees and implementing orders covering the Higher Council of the Public Service, the Joint Commission and the Medical Commission established to provide a framework for bargaining, but which have still not been signed following their preparation in 2015, thereby opening the way for regulations and measures which are not in conformity with the law to the prejudice of employees of the public service. While taking note of the request made by the Government in its report for technical assistance, the Committee urges the Government to take the necessary measures to promote collective bargaining in both the private and the public sectors (employees of public enterprises and public servants not engaged in the administration of the State). The Committee requests the Government to provide information on this subject.

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

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

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee notes that penalties for violations of section 11 of the Labour Code, which protects trade union activities against acts of discrimination and interference, are set out in section 260 of the Labour Code and consist of a fine of between 250,000 and 750,000 Comorian francs (US$600 and US$1,800) and a sentence of imprisonment of between three months and three years, or one only of these penalties.Recalling the importance of the effective and dissuasive nature of penalties, the Committee requests the Government to provide information on the effect given in practice to these provisions, with an indication of the number of cases brought to the attention of the competent authorities, the duration of the procedures and their outcome. Furthermore, noting that in its reply to the Workers’ Confederation of Comoros (CTC) observations of 2013, the Government indicates that the dismissed trade union officers have been reinstated in their positions, the Committee requests the Government to indicate whether reinstatement accompanied by retroactive wage compensation for the period between the dismissal and the reinstatement order, and compensation for the prejudice suffered, are included among the range of measures that may be ordered by the judicial authorities in cases of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee notes that section 11(2) of the Labour Code contains a general prohibition on any employer from exerting pressure in favour of or against any specific trade union.Recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2 and the establishment of dissuasive penalties, the Committee requests the Government to provide information on the effect given to this provision in practice.

Article 4. Promotion of collective bargaining. Determination of the representative organizations of workers and employers. The Committee notes that, under the terms of section 91(4) of the Labour Code, the representative nature of a trade union or an occupational grouping shall be determined by order of the Minister of Labour, who shall base the decision on various elements, including membership and the results of elections of staff delegates, independence, dues paid, the experience of the union, and the scope and nature of its activities. Although this decision can be appealed for abuse of power, the Committee recalls that this determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see General Survey on the fundamental Conventions, 2012, paragraph 228).In order to ensure compliance with these principles, the Committee requests the Government to provide information on the determination in practice of the representative nature of workers’ and employers’ organizations. The Committee also requests the Government to specify whether section 91 of the Labour Code applies to the conclusion of any collective agreements, or only those concluded at the branch level.

Procedure for the extension of collective agreements. The Committee notes that, in accordance with section 94 of the Labour Code, the Minister of Labour may initiate the extension procedure with a view to making the provisions of collective agreements mandatory for employers and workers covered by the occupational and territorial scope of the agreements. In light of the principle of free and voluntary collective bargaining recognized in Article 4 of the Convention, the Committee recalls that the extension procedure may be subject to the conditions that the collective agreement already covers a number of employers and workers concerned which is sufficiently representative in the opinion of the competent authority.The Committee requests the Government to specify the conditions under which the extension procedure provided for in section 94 of the Labour Code may be initiated in practice.

Promotion of free and voluntary collective bargaining. The Committee notes that the Advisory Labour and Employment Council (CCTE) has been established under the authority of the Minister of Labour by section 188 of the Labour Code and that it may, at the request of the Minister, examine any difficulty arising in relation to the negotiation of collective agreements and issue an opinion on any matters relating to the conclusion and application of collective agreements.The Committee requests the Government to provide information on the role and activities of the CCTE.

Compulsory arbitration. The Committee notes that section 240 of the Labour Code provides that, in the event of the failure of conciliation, the dispute shall be submitted to arbitration by the labour inspector. The Committee also notes that, in accordance with sections 243 and 244, the parties have a period of ten days from the notification of the arbitration award to oppose it, following which an unchallenged award becomes binding. The Committee recalls that, in accordance with the principle of free and voluntary collective bargaining set out in Article 4 of the Convention, compulsory arbitration to bring an end to collective labour disputes is only admissible under certain specific circumstances.The Committee requests the Government to specify the consequences of a party’s opposition to the arbitration award envisaged in section 243(3) of the Labour Code.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee notes, on the one hand, that section 1 of the Labour Code excludes from its scope of application persons appointed to a permanent managerial position in a public administration and, on the other, that under the terms of section 83 of the Code, the personnel of public services, enterprises and establishments not governed by a specific legislative or regulatory status may conclude collective agreements in accordance with the provisions of the Labour Code. Finally, the Committee notes that, under the terms of section 3, the General Regulations respecting public employees of the Union of Comoros does not apply, among others, to the following categories of workers: State employees governed by the Labour Code and employees of local communities and public establishments. The Committee recalls that, under the terms of Article 6, public servants engaged in the administration of the State (that is, public servants who by their functions are directly employed in the administration of the State, such as civil servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the application of the Convention, while all other persons employed by the Government, by public enterprises or by autonomous public institutions (such as employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel) should benefit from the guarantees provided for in the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 172).In light of the above, the Committee requests the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Code, and to indicate any provisions which recognize their right to negotiate their terms and conditions of work and employment.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC), received on 1 August 2017, relating to matters examined by the Committee in the present observation, and it requests the Government to provide its comments in this regard. The Committee notes that, in response to the observations of the CTC in 2013, the Government indicates that the trade union leaders who had been dismissed have been reinstated.The Committee requests the Government to provide its comments on the other matters raised by the CTC, and particularly the allegations of employer pressure against trade union leaders of the CTC, the Union of Health and Education Workers and a new trade union in a communications enterprise to persuade them to end their trade union activities.

Articles 4 and 6 of the Convention. Promotion of collective bargaining in the private and public sectors (employees of public enterprises and public servants not engaged in the administration of the State). In its previous comments, the Committee once again regretted the absence of progress in relation to collective bargaining which, according to the CTC, was not structured and had no framework at any level, and particularly that joint bodies in the public service had still not been established. The Committee notes that the CTC in its 2017 observations makes particular reference to decrees and implementing orders covering the Higher Council of the Public Service, the Joint Commission and the Medical Commission established to provide a framework for bargaining, but which have still not been signed following their preparation in 2015, thereby opening the way for regulations and measures which are not in conformity with the law to the prejudice of employees of the public service.While taking note of the request made by the Government in its report for technical assistance, the Committee urges the Government to take the necessary measures to promote collective bargaining in both the private and the public sectors (employees of public enterprises and public servants not engaged in the administration of the State). The Committee requests the Government to provide information on this subject.

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

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 2021, published 110th ILC session (2022)

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.

Repetition

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee notes that penalties for violations of section 11 of the Labour Code, which protects trade union activities against acts of discrimination and interference, are set out in section 260 of the Labour Code and consist of a fine of between 250,000 and 750,000 Comorian francs (US$600 and US$1,800) and a sentence of imprisonment of between three months and three years, or one only of these penalties. Recalling the importance of the effective and dissuasive nature of penalties, the Committee requests the Government to provide information on the effect given in practice to these provisions, with an indication of the number of cases brought to the attention of the competent authorities, the duration of the procedures and their outcome. Furthermore, noting that in its reply to the Workers’ Confederation of Comoros (CTC) observations of 2013, the Government indicates that the dismissed trade union officers have been reinstated in their positions, the Committee requests the Government to indicate whether reinstatement accompanied by retroactive wage compensation for the period between the dismissal and the reinstatement order, and compensation for the prejudice suffered, are included among the range of measures that may be ordered by the judicial authorities in cases of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee notes that section 11(2) of the Labour Code contains a general prohibition on any employer from exerting pressure in favour of or against any specific trade union. Recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2 and the establishment of dissuasive penalties, the Committee requests the Government to provide information on the effect given to this provision in practice.

Article 4. Promotion of collective bargaining. Determination of the representative organizations of workers and employers. The Committee notes that, under the terms of section 91(4) of the Labour Code, the representative nature of a trade union or an occupational grouping shall be determined by order of the Minister of Labour, who shall base the decision on various elements, including membership and the results of elections of staff delegates, independence, dues paid, the experience of the union, and the scope and nature of its activities. Although this decision can be appealed for abuse of power, the Committee recalls that this determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see General Survey on the fundamental Conventions, 2012, paragraph 228). In order to ensure compliance with these principles, the Committee requests the Government to provide information on the determination in practice of the representative nature of workers’ and employers’ organizations. The Committee also requests the Government to specify whether section 91 of the Labour Code applies to the conclusion of any collective agreements, or only those concluded at the branch level.

Procedure for the extension of collective agreements. The Committee notes that, in accordance with section 94 of the Labour Code, the Minister of Labour may initiate the extension procedure with a view to making the provisions of collective agreements mandatory for employers and workers covered by the occupational and territorial scope of the agreements. In light of the principle of free and voluntary collective bargaining recognized in Article 4 of the Convention, the Committee recalls that the extension procedure may be subject to the conditions that the collective agreement already covers a number of employers and workers concerned which is sufficiently representative in the opinion of the competent authority. The Committee requests the Government to specify the conditions under which the extension procedure provided for in section 94 of the Labour Code may be initiated in practice.

Promotion of free and voluntary collective bargaining. The Committee notes that the Advisory Labour and Employment Council (CCTE) has been established under the authority of the Minister of Labour by section 188 of the Labour Code and that it may, at the request of the Minister, examine any difficulty arising in relation to the negotiation of collective agreements and issue an opinion on any matters relating to the conclusion and application of collective agreements. The Committee requests the Government to provide information on the role and activities of the CCTE.

Compulsory arbitration. The Committee notes that section 240 of the Labour Code provides that, in the event of the failure of conciliation, the dispute shall be submitted to arbitration by the labour inspector. The Committee also notes that, in accordance with sections 243 and 244, the parties have a period of ten days from the notification of the arbitration award to oppose it, following which an unchallenged award becomes binding. The Committee recalls that, in accordance with the principle of free and voluntary collective bargaining set out in Article 4 of the Convention, compulsory arbitration to bring an end to collective labour disputes is only admissible under certain specific circumstances. The Committee requests the Government to specify the consequences of a party’s opposition to the arbitration award envisaged in section 243(3) of the Labour Code.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee notes, on the one hand, that section 1 of the Labour Code excludes from its scope of application persons appointed to a permanent managerial position in a public administration and, on the other, that under the terms of section 83 of the Code, the personnel of public services, enterprises and establishments not governed by a specific legislative or regulatory status may conclude collective agreements in accordance with the provisions of the Labour Code. Finally, the Committee notes that, under the terms of section 3, the General Regulations respecting public employees of the Union of Comoros does not apply, among others, to the following categories of workers: State employees governed by the Labour Code and employees of local communities and public establishments. The Committee recalls that, under the terms of Article 6, public servants engaged in the administration of the State (that is, public servants who by their functions are directly employed in the administration of the State, such as civil servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the application of the Convention, while all other persons employed by the Government, by public enterprises or by autonomous public institutions (such as employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel) should benefit from the guarantees provided for in the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 172). In light of the above, the Committee requests the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Code, and to indicate any provisions which recognize their right to negotiate their terms and conditions of work and employment.

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

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

Repetition

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC), received on 1 August 2017, relating to matters examined by the Committee in the present observation, and it requests the Government to provide its comments in this regard. The Committee notes that, in response to the observations of the CTC in 2013, the Government indicates that the trade union leaders who had been dismissed have been reinstated. The Committee requests the Government to provide its comments on the other matters raised by the CTC, and particularly the allegations of employer pressure against trade union leaders of the CTC, the Union of Health and Education Workers and a new trade union in a communications enterprise to persuade them to end their trade union activities.

Articles 4 and 6 of the Convention. Promotion of collective bargaining in the private and public sectors (employees of public enterprises and public servants not engaged in the administration of the State). In its previous comments, the Committee once again regretted the absence of progress in relation to collective bargaining which, according to the CTC, was not structured and had no framework at any level, and particularly that joint bodies in the public service had still not been established. The Committee notes that the CTC in its 2017 observations makes particular reference to decrees and implementing orders covering the Higher Council of the Public Service, the Joint Commission and the Medical Commission established to provide a framework for bargaining, but which have still not been signed following their preparation in 2015, thereby opening the way for regulations and measures which are not in conformity with the law to the prejudice of employees of the public service. While taking note of the request made by the Government in its report for technical assistance, the Committee urges the Government to take the necessary measures to promote collective bargaining in both the private and the public sectors (employees of public enterprises and public servants not engaged in the administration of the State). The Committee requests the Government to provide information on this subject.

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

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 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee notes that penalties for violations of section 11 of the Labour Code, which protects trade union activities against acts of discrimination and interference, are set out in section 260 of the Labour Code and consist of a fine of between 250,000 and 750,000 Comorian francs (US$600 and US$1,800) and a sentence of imprisonment of between three months and three years, or one only of these penalties. Recalling the importance of the effective and dissuasive nature of penalties, the Committee requests the Government to provide information on the effect given in practice to these provisions, with an indication of the number of cases brought to the attention of the competent authorities, the duration of the procedures and their outcome. Furthermore, noting that in its reply to the Workers’ Confederation of Comoros (CTC) observations of 2013, the Government indicates that the dismissed trade union officers have been reinstated in their positions, the Committee requests the Government to indicate whether reinstatement accompanied by retroactive wage compensation for the period between the dismissal and the reinstatement order, and compensation for the prejudice suffered, are included among the range of measures that may be ordered by the judicial authorities in cases of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee notes that section 11(2) of the Labour Code contains a general prohibition on any employer from exerting pressure in favour of or against any specific trade union. Recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2 and the establishment of dissuasive penalties, the Committee requests the Government to provide information on the effect given to this provision in practice.

Article 4. Promotion of collective bargaining. Determination of the representative organizations of workers and employers. The Committee notes that, under the terms of section 91(4) of the Labour Code, the representative nature of a trade union or an occupational grouping shall be determined by order of the Minister of Labour, who shall base the decision on various elements, including membership and the results of elections of staff delegates, independence, dues paid, the experience of the union, and the scope and nature of its activities. Although this decision can be appealed for abuse of power, the Committee recalls that this determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see General Survey on the fundamental Conventions, 2012, paragraph 228). In order to ensure compliance with these principles, the Committee requests the Government to provide information on the determination in practice of the representative nature of workers’ and employers’ organizations. The Committee also requests the Government to specify whether section 91 of the Labour Code applies to the conclusion of any collective agreements, or only those concluded at the branch level.

Procedure for the extension of collective agreements. The Committee notes that, in accordance with section 94 of the Labour Code, the Minister of Labour may initiate the extension procedure with a view to making the provisions of collective agreements mandatory for employers and workers covered by the occupational and territorial scope of the agreements. In light of the principle of free and voluntary collective bargaining recognized in Article 4 of the Convention, the Committee recalls that the extension procedure may be subject to the conditions that the collective agreement already covers a number of employers and workers concerned which is sufficiently representative in the opinion of the competent authority. The Committee requests the Government to specify the conditions under which the extension procedure provided for in section 94 of the Labour Code may be initiated in practice.

Promotion of free and voluntary collective bargaining. The Committee notes that the Advisory Labour and Employment Council (CCTE) has been established under the authority of the Minister of Labour by section 188 of the Labour Code and that it may, at the request of the Minister, examine any difficulty arising in relation to the negotiation of collective agreements and issue an opinion on any matters relating to the conclusion and application of collective agreements. The Committee requests the Government to provide information on the role and activities of the CCTE.

Compulsory arbitration. The Committee notes that section 240 of the Labour Code provides that, in the event of the failure of conciliation, the dispute shall be submitted to arbitration by the labour inspector. The Committee also notes that, in accordance with sections 243 and 244, the parties have a period of ten days from the notification of the arbitration award to oppose it, following which an unchallenged award becomes binding. The Committee recalls that, in accordance with the principle of free and voluntary collective bargaining set out in Article 4 of the Convention, compulsory arbitration to bring an end to collective labour disputes is only admissible under certain specific circumstances. The Committee requests the Government to specify the consequences of a party’s opposition to the arbitration award envisaged in section 243(3) of the Labour Code.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee notes, on the one hand, that section 1 of the Labour Code excludes from its scope of application persons appointed to a permanent managerial position in a public administration and, on the other, that under the terms of section 83 of the Code, the personnel of public services, enterprises and establishments not governed by a specific legislative or regulatory status may conclude collective agreements in accordance with the provisions of the Labour Code. Finally, the Committee notes that, under the terms of section 3, the General Regulations respecting public employees of the Union of Comoros does not apply, among others, to the following categories of workers: State employees governed by the Labour Code and employees of local communities and public establishments. The Committee recalls that, under the terms of Article 6, public servants engaged in the administration of the State (that is, public servants who by their functions are directly employed in the administration of the State, such as civil servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the application of the Convention, while all other persons employed by the Government, by public enterprises or by autonomous public institutions (such as employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel) should benefit from the guarantees provided for in the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 172). In light of the above, the Committee requests the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Code, and to indicate any provisions which recognize their right to negotiate their terms and conditions of work and employment.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC), received on 1 August 2017, relating to matters examined by the Committee in the present observation, and it requests the Government to provide its comments in this regard. The Committee notes that, in response to the observations of the CTC in 2013, the Government indicates that the trade union leaders who had been dismissed have been reinstated. The Committee requests the Government to provide its comments on the other matters raised by the CTC, and particularly the allegations of employer pressure against trade union leaders of the CTC, the Union of Health and Education Workers and a new trade union in a communications enterprise to persuade them to end their trade union activities.

Articles 4 and 6 of the Convention. Promotion of collective bargaining in the private and public sectors (employees of public enterprises and public servants not engaged in the administration of the State). In its previous comments, the Committee once again regretted the absence of progress in relation to collective bargaining which, according to the CTC, was not structured and had no framework at any level, and particularly that joint bodies in the public service had still not been established. The Committee notes that the CTC in its 2017 observations makes particular reference to decrees and implementing orders covering the Higher Council of the Public Service, the Joint Commission and the Medical Commission established to provide a framework for bargaining, but which have still not been signed following their preparation in 2015, thereby opening the way for regulations and measures which are not in conformity with the law to the prejudice of employees of the public service. While taking note of the request made by the Government in its report for technical assistance, the Committee urges the Government to take the necessary measures to promote collective bargaining in both the private and the public sectors (employees of public enterprises and public servants not engaged in the administration of the State). The Committee requests the Government to provide information on this subject.

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

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 2019, published 109th ILC session (2021)

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.

Repetition

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee notes that penalties for violations of section 11 of the Labour Code, which protects trade union activities against acts of discrimination and interference, are set out in section 260 of the Labour Code and consist of a fine of between 250,000 and 750,000 Comorian francs (US$600 and US$1,800) and a sentence of imprisonment of between three months and three years, or one only of these penalties. Recalling the importance of the effective and dissuasive nature of penalties, the Committee requests the Government to provide information on the effect given in practice to these provisions, with an indication of the number of cases brought to the attention of the competent authorities, the duration of the procedures and their outcome. Furthermore, noting that in its reply to the Workers’ Confederation of Comoros (CTC) observations of 2013, the Government indicates that the dismissed trade union officers have been reinstated in their positions, the Committee requests the Government to indicate whether reinstatement accompanied by retroactive wage compensation for the period between the dismissal and the reinstatement order, and compensation for the prejudice suffered, are included among the range of measures that may be ordered by the judicial authorities in cases of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee notes that section 11(2) of the Labour Code contains a general prohibition on any employer from exerting pressure in favour of or against any specific trade union. Recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2 and the establishment of dissuasive penalties, the Committee requests the Government to provide information on the effect given to this provision in practice.

Article 4. Promotion of collective bargaining. Determination of the representative organizations of workers and employers. The Committee notes that, under the terms of section 91(4) of the Labour Code, the representative nature of a trade union or an occupational grouping shall be determined by order of the Minister of Labour, who shall base the decision on various elements, including membership and the results of elections of staff delegates, independence, dues paid, the experience of the union, and the scope and nature of its activities. Although this decision can be appealed for abuse of power, the Committee recalls that this determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see General Survey on the fundamental Conventions, 2012, paragraph 228). In order to ensure compliance with these principles, the Committee requests the Government to provide information on the determination in practice of the representative nature of workers’ and employers’ organizations. The Committee also requests the Government to specify whether section 91 of the Labour Code applies to the conclusion of any collective agreements, or only those concluded at the branch level.

Procedure for the extension of collective agreements. The Committee notes that, in accordance with section 94 of the Labour Code, the Minister of Labour may initiate the extension procedure with a view to making the provisions of collective agreements mandatory for employers and workers covered by the occupational and territorial scope of the agreements. In light of the principle of free and voluntary collective bargaining recognized in Article 4 of the Convention, the Committee recalls that the extension procedure may be subject to the conditions that the collective agreement already covers a number of employers and workers concerned which is sufficiently representative in the opinion of the competent authority. The Committee requests the Government to specify the conditions under which the extension procedure provided for in section 94 of the Labour Code may be initiated in practice.

Promotion of free and voluntary collective bargaining. The Committee notes that the Advisory Labour and Employment Council (CCTE) has been established under the authority of the Minister of Labour by section 188 of the Labour Code and that it may, at the request of the Minister, examine any difficulty arising in relation to the negotiation of collective agreements and issue an opinion on any matters relating to the conclusion and application of collective agreements. The Committee requests the Government to provide information on the role and activities of the CCTE.

Compulsory arbitration. The Committee notes that section 240 of the Labour Code provides that, in the event of the failure of conciliation, the dispute shall be submitted to arbitration by the labour inspector. The Committee also notes that, in accordance with sections 243 and 244, the parties have a period of ten days from the notification of the arbitration award to oppose it, following which an unchallenged award becomes binding. The Committee recalls that, in accordance with the principle of free and voluntary collective bargaining set out in Article 4 of the Convention, compulsory arbitration to bring an end to collective labour disputes is only admissible under certain specific circumstances. The Committee requests the Government to specify the consequences of a party’s opposition to the arbitration award envisaged in section 243(3) of the Labour Code.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee notes, on the one hand, that section 1 of the Labour Code excludes from its scope of application persons appointed to a permanent managerial position in a public administration and, on the other, that under the terms of section 83 of the Code, the personnel of public services, enterprises and establishments not governed by a specific legislative or regulatory status may conclude collective agreements in accordance with the provisions of the Labour Code. Finally, the Committee notes that, under the terms of section 3, the General Regulations respecting public employees of the Union of Comoros does not apply, among others, to the following categories of workers: State employees governed by the Labour Code and employees of local communities and public establishments. The Committee recalls that, under the terms of Article 6, public servants engaged in the administration of the State (that is, public servants who by their functions are directly employed in the administration of the State, such as civil servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the application of the Convention, while all other persons employed by the Government, by public enterprises or by autonomous public institutions (such as employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel) should benefit from the guarantees provided for in the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 172). In light of the above, the Committee requests the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Code, and to indicate any provisions which recognize their right to negotiate their terms and conditions of work and employment.

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

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

Repetition

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC), received on 1 August 2017, relating to matters examined by the Committee in the present observation, and it requests the Government to provide its comments in this regard. The Committee notes that, in response to the observations of the CTC in 2013, the Government indicates that the trade union leaders who had been dismissed have been reinstated. The Committee requests the Government to provide its comments on the other matters raised by the CTC, and particularly the allegations of employer pressure against trade union leaders of the CTC, the Union of Health and Education Workers and a new trade union in a communications enterprise to persuade them to end their trade union activities.

Articles 4 and 6 of the Convention. Promotion of collective bargaining in the private and public sectors (employees of public enterprises and public servants not engaged in the administration of the State). In its previous comments, the Committee once again regretted the absence of progress in relation to collective bargaining which, according to the CTC, was not structured and had no framework at any level, and particularly that joint bodies in the public service had still not been established. The Committee notes that the CTC in its 2017 observations makes particular reference to decrees and implementing orders covering the Higher Council of the Public Service, the Joint Commission and the Medical Commission established to provide a framework for bargaining, but which have still not been signed following their preparation in 2015, thereby opening the way for regulations and measures which are not in conformity with the law to the prejudice of employees of the public service. While taking note of the request made by the Government in its report for technical assistance, the Committee urges the Government to take the necessary measures to promote collective bargaining in both the private and the public sectors (employees of public enterprises and public servants not engaged in the administration of the State). The Committee requests the Government to provide information on this subject.

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

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 2017, published 107th ILC session (2018)

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee notes that penalties for violations of section 11 of the Labour Code, which protects trade union activities against acts of discrimination and interference, are set out in section 260 of the Labour Code and consist of a fine of between 250,000 and 750,000 Comorian francs (US$600 and US$1,800) and a sentence of imprisonment of between three months and three years, or one only of these penalties. Recalling the importance of the effective and dissuasive nature of penalties, the Committee requests the Government to provide information on the effect given in practice to these provisions, with an indication of the number of cases brought to the attention of the competent authorities, the duration of the procedures and their outcome. Furthermore, noting that in its reply to the Workers’ Confederation of Comoros (CTC) observations of 2013, the Government indicates that the dismissed trade union officers have been reinstated in their positions, the Committee requests the Government to indicate whether reinstatement accompanied by retroactive wage compensation for the period between the dismissal and the reinstatement order, and compensation for the prejudice suffered, are included among the range of measures that may be ordered by the judicial authorities in cases of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee notes that section 11(2) of the Labour Code contains a general prohibition on any employer from exerting pressure in favour of or against any specific trade union. Recalling the importance of the effective prohibition by the national legislation of all of the acts of interference covered by Article 2 and the establishment of dissuasive penalties, the Committee requests the Government to provide information on the effect given to this provision in practice.

Article 4. Promotion of collective bargaining. Determination of the representative organizations of workers and employers. The Committee notes that, under the terms of section 91(4) of the Labour Code, the representative nature of a trade union or an occupational grouping shall be determined by order of the Minister of Labour, who shall base the decision on various elements, including membership and the results of elections of staff delegates, independence, dues paid, the experience of the union, and the scope and nature of its activities. Although this decision can be appealed for abuse of power, the Committee recalls that this determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see General Survey on the fundamental Conventions, 2012, paragraph 228). In order to ensure compliance with these principles, the Committee requests the Government to provide information on the determination in practice of the representative nature of workers’ and employers’ organizations. The Committee also requests the Government to specify whether section 91 of the Labour Code applies to the conclusion of any collective agreements, or only those concluded at the branch level.

Procedure for the extension of collective agreements. The Committee notes that, in accordance with section 94 of the Labour Code, the Minister of Labour may initiate the extension procedure with a view to making the provisions of collective agreements mandatory for employers and workers covered by the occupational and territorial scope of the agreements. In light of the principle of free and voluntary collective bargaining recognized in Article 4 of the Convention, the Committee recalls that the extension procedure may be subject to the conditions that the collective agreement already covers a number of employers and workers concerned which is sufficiently representative in the opinion of the competent authority. The Committee requests the Government to specify the conditions under which the extension procedure provided for in section 94 of the Labour Code may be initiated in practice.

Promotion of free and voluntary collective bargaining. The Committee notes that the Advisory Labour and Employment Council (CCTE) has been established under the authority of the Minister of Labour by section 188 of the Labour Code and that it may, at the request of the Minister, examine any difficulty arising in relation to the negotiation of collective agreements and issue an opinion on any matters relating to the conclusion and application of collective agreements. The Committee requests the Government to provide information on the role and activities of the CCTE.

Compulsory arbitration. The Committee notes that section 240 of the Labour Code provides that, in the event of the failure of conciliation, the dispute shall be submitted to arbitration by the labour inspector. The Committee also notes that, in accordance with sections 243 and 244, the parties have a period of ten days from the notification of the arbitration award to oppose it, following which an unchallenged award becomes binding. The Committee recalls that, in accordance with the principle of free and voluntary collective bargaining set out in Article 4 of the Convention, compulsory arbitration to bring an end to collective labour disputes is only admissible under certain specific circumstances. The Committee requests the Government to specify the consequences of a party’s opposition to the arbitration award envisaged in section 243(3) of the Labour Code.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee notes, on the one hand, that section 1 of the Labour Code excludes from its scope of application persons appointed to a permanent managerial position in a public administration and, on the other, that under the terms of section 83 of the Code, the personnel of public services, enterprises and establishments not governed by a specific legislative or regulatory status may conclude collective agreements in accordance with the provisions of the Labour Code. Finally, the Committee notes that, under the terms of section 3, the General Regulations respecting public employees of the Union of Comoros does not apply, among others, to the following categories of workers: State employees governed by the Labour Code and employees of local communities and public establishments. The Committee recalls that, under the terms of Article 6, public servants engaged in the administration of the State (that is, public servants who by their functions are directly employed in the administration of the State, such as civil servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the application of the Convention, while all other persons employed by the Government, by public enterprises or by autonomous public institutions (such as employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel) should benefit from the guarantees provided for in the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 172). In light of the above, the Committee requests the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Code, and to indicate any provisions which recognize their right to negotiate their terms and conditions of work and employment.

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

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC), received on 1 August 2017, relating to matters examined by the Committee in the present observation, and it requests the Government to provide its comments in this regard. The Committee notes that, in response to the observations of the CTC in 2013, the Government indicates that the trade union leaders who had been dismissed have been reinstated. The Committee requests the Government to provide its comments on the other matters raised by the CTC, and particularly the allegations of employer pressure against trade union leaders of the CTC, the Union of Health and Education Workers and a new trade union in a communications enterprise to persuade them to end their trade union activities.

Articles 4 and 6 of the Convention. Promotion of collective bargaining in the private and public sectors (employees of public enterprises and public servants not engaged in the administration of the State). In its previous comments, the Committee once again regretted the absence of progress in relation to collective bargaining which, according to the CTC, was not structured and had no framework at any level, and particularly that joint bodies in the public service had still not been established. The Committee notes that the CTC in its 2017 observations makes particular reference to decrees and implementing orders covering the Higher Council of the Public Service, the Joint Commission and the Medical Commission established to provide a framework for bargaining, but which have still not been signed following their preparation in 2015, thereby opening the way for regulations and measures which are not in conformity with the law to the prejudice of employees of the public service. While taking note of the request made by the Government in its report for technical assistance, the Committee urges the Government to take the necessary measures to promote collective bargaining in both the private and the public sectors (employees of public enterprises and public servants not engaged in the administration of the State). The Committee requests the Government to provide information on this subject.

The Committee notes the adoption of the Act of 28 June 2012 repealing, amending and supplementing certain provisions of Act No. 84-108/PR issuing the Labour Code.

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

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

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC) received on 19 August 2016 and requests the Government to provide its comments thereon.

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

Article 2 of the Convention. Anti-union discrimination. The Committee notes with regret that the Government’s report does not respond to the 2011 comments of the Workers’ Confederation of Comoros (CTC) which refer to numerous dismissals of trade union members and leaders in the para-public and port sectors. The Committee urges the Government to conduct an inquiry in this regard and to report on the subsequent results.

Article 4. Promotion of collective bargaining. For several years, the Committee has been requesting the Government to take measures to promote collective bargaining in the public and private sectors. The Committee had noted the comments made by the Employers’ Organization of Comoros (OPACO), according to which collective agreements in the pharmaceutical and bakeries sectors, which had been under negotiation for several years, had still not been concluded and that negotiations in the press sector were under way. The Committee had noted with regret that, according to OPACO, the Government had not taken any measures to promote collective bargaining in either the public or the private sectors. The Committee had once again regretted the absence of progress in the collective bargaining under way and expressed the firm hope that the negotiations would be completed in the near future. The Committee lastly had noted that, according to the CTC, there had still not been progress in collective bargaining and that it was not structured and had no framework at any level, and that joint bodies in the public service had still not been put in place.

The Committee notes the request for technical assistance made by the Government in its report. The Committee expresses the firm hope that technical assistance of the Office may be carried out in the very near future and urges the Government to take all necessary measures to promote collective bargaining in the public and private sectors. The Committee requests the Government to provide information in this regard.

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

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

Article 2 of the Convention. Anti-union discrimination. The Committee notes with regret that the Government’s report does not respond to the 2011 comments of the Workers’ Confederation of Comoros (CTC) which refer to numerous dismissals of trade union members and leaders in the para-public and port sectors. The Committee urges the Government to conduct an inquiry in this regard and to report on the subsequent results.

Article 4. Promotion of collective bargaining. For several years, the Committee has been requesting the Government to take measures to promote collective bargaining in the public and private sectors. The Committee had noted the comments made by the Employers’ Organization of Comoros (OPACO), according to which collective agreements in the pharmaceutical and bakeries sectors, which had been under negotiation for several years, had still not been concluded and that negotiations in the press sector were under way. The Committee had noted with regret that, according to OPACO, the Government had not taken any measures to promote collective bargaining in either the public or the private sectors. The Committee had once again regretted the absence of progress in the collective bargaining under way and expressed the firm hope that the negotiations would be completed in the near future. The Committee lastly had noted that, according to the CTC, there had still not been progress in collective bargaining and that it was not structured and had no framework at any level, and that joint bodies in the public service had still not been put in place.

The Committee notes the request for technical assistance made by the Government in its report. The Committee expresses the firm hope that technical assistance of the Office may be carried out in the very near future and urges the Government to take all necessary measures to promote collective bargaining in the public and private sectors. The Committee requests the Government to provide information in this regard.

[The Government is asked to reply in detail to the present comments in 2016.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Anti-union discrimination. The Committee noted the comments of the Workers’ Confederation of Comoros (CTC) concerning numerous dismissals of trade union members and leaders in the para-public and port sectors in a communication. The Committee requests the Government to provide its observations in this respect.

Article 4. Right of collective bargaining. For several years, the Committee has been requesting the Government to take measures to promote collective bargaining in the public and private sectors. The Committee had previously noted the Government’s expression of regret that there had not been substantial progress in this respect and its reiterated desire to receive technical assistance to help the partners concerned gain a better understanding of the socio-economic importance of collective bargaining. The Committee had noted in this respect the comments made by the Employers’ Organization of Comoros (OPACO), according to which collective agreements in the pharmaceutical and bakeries sectors, which had been under negotiation for several years, had still not been concluded and that negotiations in the press sector were currently under way. The Committee had noted with regret that, according to OPACO, the Government had not taken any measures to promote collective bargaining in either the public or the private sectors.

The Committee once again regrets the absence of progress in the collective bargaining that is being undertaken and expressed the firm hope that the negotiations will be completed in the near future. The Committee noted that, according to the CTC, there has still not been progress in collective bargaining and that it is not structured and has no framework at any level. The Committee once again expresses the firm hope that ILO technical assistance will be provided in the very near future and it requests the Government to take all the necessary measures to promote collective bargaining in both the private and the public sectors. The Committee requests the Government to provide information in this respect.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Anti-union discrimination. The Committee noted that the Workers’ Confederation of Comoros (CTC) reports numerous dismissals of trade union members and leaders in the para-public and port sectors in a communication dated 31 August 2011. The Committee requests the Government to provide its observations in this respect.

Article 4. Right of collective bargaining. The Committee notes with regret that the Government’s report has not been received. For several years, the Committee has been requesting the Government to take measures to promote collective bargaining in the public and private sectors. The Committee had previously noted the Government’s expression of regret that there had not been substantial progress in this respect and its reiterated desire to receive technical assistance to help the partners concerned gain a better understanding of the socio-economic importance of collective bargaining. The Committee had noted in this respect the comments made by the Employers’ Organization of Comoros (OPACO), according to which collective agreements in the pharmaceutical and bakeries sectors, which had been under negotiation for several years, had still not been concluded and that negotiations in the press sector were currently under way. The Committee had noted with regret that, according to OPACO, the Government had not taken any measures to promote collective bargaining in either the public or the private sectors.

The Committee once again regrets the absence of progress in the collective bargaining that is being undertaken and expressed the firm hope that the negotiations will be completed in the near future. The Committee noted that, according to the CTC, there has still not been progress in collective bargaining and that it is not structured and has no framework at any level. The Committee once again expresses the firm hope that ILO technical assistance will be provided in the very near future and it requests the Government to take all the necessary measures to promote collective bargaining in both the private and the public sectors. The Committee requests the Government to provide information in this respect.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Anti-union discrimination. The Committee notes that the Workers’ Confederation of Comoros (CTC) reports numerous dismissals of trade union members and leaders in the para-public and port sectors in a communication dated 31 August 2011. The Committee requests the Government to provide its observations in this respect.

Article 4. Right of collective bargaining. The Committee notes with regret that the Government’s report has not been received. For several years, the Committee has been requesting the Government to take measures to promote collective bargaining in the public and private sectors. The Committee had previously noted the Government’s expression of regret that there had not been substantial progress in this respect and its reiterated desire to receive technical assistance to help the partners concerned gain a better understanding of the socio-economic importance of collective bargaining. The Committee had noted in this respect the comments made by the Employers’ Organization of Comoros (OPACO), according to which collective agreements in the pharmaceutical and bakeries sectors, which had been under negotiation for several years, had still not been concluded and that negotiations in the press sector were currently under way. The Committee had noted with regret that, according to OPACO, the Government had not taken any measures to promote collective bargaining in either the public or the private sectors.

The Committee once again regrets the absence of progress in the collective bargaining that is being undertaken and expresses the firm hope that the negotiations will be completed in the near future. The Committee notes that, according to the CTC, there has still not been progress in collective bargaining and that it is not structured and has no framework at any level. The Committee once again expresses the firm hope that ILO technical assistance will be provided in the very near future and it requests the Government to take all the necessary measures to promote collective bargaining in both the private and the public sectors. The Committee requests the Government to provide information in this respect.

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

Article 4 of the Convention. The Committee recalls that for several years it has been requesting the Government to take measures to promote collective bargaining in the public and private sectors. The Committee notes that the Government expresses regret in its report that there has not been substantial progress in this respect and reiterates its desire to receive technical assistance to help the partners concerned gain a better understanding of the socio-economic importance of collective bargaining. In this respect, the Committee notes the comments of the Employers’ Organization of Comoros (OPACO), according to which collective agreements in the pharmaceuticals and bakeries sectors, which have been under negotiation for several years, have still not been concluded, and that negotiations in the press sector are currently under way. The Committee notes with regret that, according to OPACO, the Government is not taking any measures to promote collective bargaining in either the public or the private sectors.

The Committee regrets the lack of progress in collective bargaining in these sectors and expresses the firm hope that it will be completed in the near future. The Committee expresses the firm hope that ILO technical assistance will be provided in the very near future and requests the Government to take all the necessary measures to promote collective bargaining in both the private and the public sectors. The Committee requests the Government to indicate any developments in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report.

In its previous comments, the Committee expressed its concern at the state of collective bargaining in the country and pointed out the importance of taking steps to encourage voluntary negotiation between employers and organizations of workers.

The Committee takes note of the Government’s reply. The Government states that since its last report, there has been no noteworthy progress on collective negotiation between employers and workers. Two draft collective agreements, one on pharmacies and the other on the bread, pastry-making and allied industries have not as yet been concluded.

The Committee notes with regret that these two draft agreements have not progressed. It notes that the Government has expressed the wish to receive technical assistance from the ILO, and expresses the firm hope that following such assistance, it will be able to note that significant progress has been made in the number of collective agreements and accords concluded in the country. Meanwhile, it requests the Government to take every measure it can to promote collective bargaining in both the public and the private sectors. The Committee requests the Government to keep it informed in this regard.

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

The Committee notes the Government’s report.

Article 4 of the Convention. In its previous comments, the Committee noted the significance of the measures which are to be taken to promote voluntary negotiation between employers and workers’ organizations and it requested the Government to keep it informed of any memoranda of understanding or collective agreements that were concluded. The Committee notes that the Government has supplied two draft collective agreements, one on pharmacies and the other on the bakery, pastry-making and allied industries, and that it indicates that collective bargaining remains a major concern of the Government, whose wish is to promote concerted action by all the social partners. While noting the development reported by the Government, the Committee is bound to express its concern at the situation with regard to collective bargaining in the country and requests the Government to take measures to promote collective bargaining and to keep it informed in this respect. The Committee expresses the firm hope that the Government will be in a position to provide information in its next report on substantial progress in the number of collective agreements and accords concluded in the public and private sectors. The Committee reminds the Government that ILO technical assistance is at its disposal.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that its previous comments referred to the embryonic state of collective bargaining in both the private and public sectors in the country. In this respect, it noted that one collective agreement, concluded in 1961, is in force in the country, as well as various accords between branch trade unions and their employers, concluded following specific collective disputes, but that these accords were not in general effective.

In this respect, the Committee notes that the Government does not provide information on new collective agreements which have been concluded since the agreement of 1961. The Committee once again reiterates the importance that it attaches to Article 4 of the Convention which provides that measures shall be taken, where necessary, to promote voluntary negotiation between employers and workers’ organizations. The Committee once again requests the Government to keep it informed of any memoranda of understanding or collective agreements that are concluded, with an indication of the sector and the number of workers covered. The Committee hopes that it will be able to note substantial progress in this respect in the Government’s next report. The Committee recalls that the Government can have recourse to the technical assistance of the ILO.

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

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

The Committee notes the Government’s report.

The Committee recalls that its previous comments referred to the embryonic state of collective bargaining in both the private and public sectors in the country. In this respect, it noted that one collective agreement, concluded in 1961, is in force in the country, as well as various accords between branch trade unions and their employers, concluded following specific collective disputes, but that these accords were not in general effective.

The Committee notes the Government’s indication that: (1) various meetings have been held between the social partners; (2) collective bargaining continues to be a major concern of the Government, which is endeavouring to make dialogue between the social partners more dynamic; and (3) a special adviser has been appointed to the Ministry of Social Affairs with the responsibility of specifically dealing with the promotion of social dialogue.

In this respect, the Committee notes that the Government does not provide information on new collective agreements which have been concluded since the agreement of 1961. The Committee once again reiterates the importance that it attaches to Article 4 of the Convention which provides that measures shall be taken, where necessary, to promote voluntary negotiation between employers and workers’ organizations. The Committee once again requests the Government to keep it informed of any memoranda of understanding or collective agreements that are concluded, with an indication of the sector and the number of workers covered. The Committee hopes that it will be able to note substantial progress in this respect in the Government’s next report. The Committee recalls that the Government can have recourse to the technical assistance of the ILO.

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

The Committee notes with regret that the Government’s report does not reply to its previous comments. It must therefore repeat its earlier direct request, which addressed the following points.

The Committee had noted the information supplied by the Government in its report, the comments made by the Union of Independent Organizations of Comorian Workers (USATC) and the Government’s reply thereto.

With reference to its previous comments on the embryonic state of collective bargaining in both the private and public sectors in the country, the Committee noted the information supplied by the Government to the effect that it understood and accepted the importance of trade unionism in the various occupational sectors. The Committee also noted the Government’s observation that the Comorian trade union movement was beginning to form and that several meetings had taken place between the Government and the unions which led to the conclusion of memoranda of understanding.

The Committee noted, however, the comments by the USATC to the effect that in Comoros there existed one collective agreement concluded in 1961. There were also a few agreements between sector unions and their respective employers arising out of specific disputes; however, these agreements were generally not effective. The Government replied that the initiative for collective bargaining must come first and foremost from the social partners in the enterprise. It nonetheless hoped that collective bargaining, tripartism and social dialogue would be strengthened once the Higher Council for Labour and Employment (CSTE) was operating effectively. The Government explained in this connection that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the CSTE, the latter was still not operational because the Government had been unable to meet the material and technical costs of organizing its meetings. Noting the Government’s statement that it would appreciate assistance from the ILO, the Committee pointed out to the Government that the Office’s technical assistance was at the disposal of national authorities and recommended that the Government made the necessary arrangements with the Office.

The Committee notes from the Government’s report that, thanks to technical assistance from the Office, the CSTE conducted a revision in September 2001. The Committee can but reiterate the importance it attaches to Article 4 of the Convention which stipulates that, when necessary, measures must be taken to promote the voluntary negotiation of collective agreements between employers’ and workers’ organizations. It once again asks the Government to keep it informed of the signing of all memoranda of understanding or collective agreements and expresses the hope that the next report of the Government will show that significant progress has been made.

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

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

The Committee notes that the Government’s report does not reply to its previous comments. It must therefore repeat its earlier direct request, which addressed the following points:

The Committee noted the information supplied by the Government in its report, the comments made by the Union of Independent Organizations of Comorian Workers (USATC) and the Government’s reply thereto.

With reference to its previous comments on the embryonic state of collective bargaining in both the private and public sectors in the country, the Committee noted the information supplied by the Government to the effect that it understood and accepted the importance of trade unionism in the various occupational sectors. The Committee also noted the Government’s observation that the Comorian trade union movement was beginning to form and that several meetings had taken place between the Government and the unions which led to the conclusion of memoranda of understanding.

The Committee noted, however, the comments by the USATC to the effect that in Comoros there existed one collective agreement concluded in 1961. There were also a few agreements between sector unions and their respective employers arising out of specific disputes; however, these agreements were generally not effective. The Government replied that the initiative for collective bargaining must come first and foremost from the social partners in the enterprise. It nonetheless hoped that collective bargaining, tripartism and social dialogue would be strengthened once the Higher Council for Labour and Employment (CSTE) was operating effectively. The Government explained in this connection that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the CSTE, the latter was still not operational because the Government had been unable to meet the material and technical costs of organizing its meetings. Noting the Government’s statement that it would appreciate assistance from the ILO, the Committee pointed out to the Government that the Office’s technical assistance was at the disposal of national authorities and recommended that the Government made the necessary arrangements with the Office.

The Committee notes from the Government’s report that, thanks to technical assistance from the Office, the CSTE conducted a revision in September 2001. The Committee can but reiterate the importance it attaches to Article 4 of the Convention which stipulates that, when necessary, measures must be taken to promote the voluntary negotiation of collective agreements between employers’ and workers’ organizations. It once again asks the Government to keep it informed of the signing of all memoranda of understanding or collective agreements and expresses the hope that the next report of the Government will show that significant progress has been made.

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

The Committee notes the information supplied by the Government in its report, the comments made by the Union of Independent Organizations of Comorian Workers (USATC) and the Government’s reply thereto.

With reference to its previous comments on the embryonic state of collective bargaining in both the private and public sectors in the country, the Committee notes the information supplied by the Government to the effect that it has understood and accepts the importance of trade unionism in the various occupational sectors. The Committee also notes the Government’s observation that the Comorian trade union movement is beginning to form and that several meetings have taken place between the Government and the unions which have led to the conclusion of Memoranda of Understanding.

The Committee notes, however, the comments by the USATC to the effect that in Comoros there exists one collective agreement concluded in 1961. There are also a few agreements between sector unions and their respective employers arising out of specific disputes; however, these agreements are generally not effective. The Government replies that the initiative for collective bargaining must come first and foremost from the social partners in the enterprise. It nonetheless hopes that collective bargaining, tripartism and social dialogue will be strengthened once the Higher Council for Labour and Employment (CSTE) is operating effectively. The Government explains in this connection that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the CSTE, the latter is still not operational because the Government has been unable to meet the material and technical costs of organizing its meetings. Noting the Government’s statement that it would appreciate assistance from the ILO, the Committee points out to the Government that the Office’s technical assistance is at the disposal of national authorities and recommends that the Government makes the necessary arrangements with the Office.

The Committee is bound to reiterate the importance it attaches to Article 4 of the Convention which stipulates that, where necessary, measures must be taken to promote the voluntary negotiation of collective agreements between employers’ and workers’ organizations. It again asks the Government to keep it informed of the outcome of all Memoranda of Understanding or collective agreements and expresses the hope that in its next report it will be able to note that significant progress has been made in this area.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous comments on the following matters:

The Committee had noted that in both the private and public sectors collective bargaining was as embryonic now as it was when trade unions first came into being at the beginning of the century. The Government stated that bargaining has nonetheless sometimes led to draft agreements.

The Committee therefore asked the Government to keep it informed of any other draft agreements or collective agreements concluded in conformity with Article 4 of the Convention, which provides for the adoption of measures to promote the voluntary negotiation of collective agreements between employers' and workers' organizations.

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

The Committee notes the information supplied by the Government in its report, which states that in both the private and public sectors collective bargaining is as embryonic now as it was when trade unions first came into being at the beginning of the century. The Government states that bargaining has nonetheless sometimes led to draft agreements.

In this connection, the Committee notes with interest that on 23 October 1996 a draft agreement was concluded by the Government, on the one hand, and on the other the National Union of Comorian Institutions (SNIC) and the Comoros National Teachers' Union (SNPC). The agreement aims, amongst other things, to ensure regular payment of teachers' salaries and observance of all trade union rights in this sector.

The Committee therefore asks the Government to keep it informed of any other draft agreements or collective agreements concluded in other sectors in conformity with Article 4 of the Convention, which provides for the adoption of measures to promote the voluntary negotiation of collective agreements between employers' and workers' organizations.

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

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:

The Committee asks the Government to provide information in its next report on how collective bargaining takes place in the public and private sectors, indicating the number of agreements concluded and workers covered, and the sectors concerned.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its last report which mentions, amongst other things, that the practice of collective bargaining has been established in particular with the representatives of the teaching profession.

It again asks the Government to provide information in its next report on how collective bargaining takes place in the public and private sectors, indicating the number of agreements concluded and workers covered, and the sectors concerned.

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

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

The Committee notes the Government's statement that amongst other things the practice of collective bargaining has been established in particular with the representatives of the teaching profession.

It again asks the Government to provide information in its next report on how collective bargaining takes place in the public and private sectors, indicating the number of agreements concluded and workers covered, and the sectors concerned.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be repplied for examination by the Committee at its next session and that it wil contain full information on the matters raised in its previous direct request.

With reference to its previous comment, the Committee noted with interest the information supplied by the Government in a previous report to the effect that, following the establishment of trade union organizations in both the public and private sectors, the practice of collective bargaining tended to be introduced and its principle was accepted. The Committee noted in this connection that discussions were held between the Government and the representatives of teachers concerning their conditions of employment and wages. The Committee has requested the Government to supply information on the outcome of these discussions.

The Committee also requested the Government to supply information on the manner in which collective bargaining was carried out in the public and private sectors, including the number of agreements concluded, the workers covered by them and the sectors concerned.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comment, the Committee notes with interest the information supplied by the Government in its report to the effect that, following the establishment of trade union organisations in both the public and private sectors, the practice of collective bargaining is tending to be introduced and its principle is now accepted. The Committee notes in this connection that discussions were held between the Government and the representatives of teachers concerning their conditions of employment and wages. The Committee requests the Government to supply information on the outcome of these discussions.

The Committee also notes from the Government's report that in the absence of employers' organisations a copy of the report was sent to the Chairman of the Chamber of Commerce, Industry and Agriculture, and it requests the Government to supply information on the manner in which collective bargaining is carried out in the public and private sectors, including the number of agreements concluded, the workers covered by them and the sectors concerned.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous request, the Committee asked the Government to provide information on the measures taken or under consideration to give effect to Article 4 of the Convention, in the absence of any trade union organisations.

In its report, the Government indicates that before the question of how to promote collective bargaining in practice is examined, it would be advisable for workers to organise themselves on the basis of the legislation in force, particularly as the workers are dispersed in small craft-type undertakings with only a small number of employees, which makes the promotion of collective bargaining difficult.

While taking note of the statement, the Committee recalls that Article 4 of the Convention provides for the adoption of measures appropriate to national conditions to promote collective bargaining. The fact that national conditions do not facilitate the application of this provision, as is the case in the Comoros where workers are not grouped together in unions, cannot justify the absence of the measures contemplated by the Convention.

The Committee therefore asks the Government to indicate the measures taken or under consideration to promote and encourage the development and application of voluntary negotiation procedures, particularly in the teaching sector where, according to the Government's report on the application of Convention No. 87, primary and secondary school teachers have filed wage claims, in accordance with Article 4 of the Convention, and to provide information on any measures that may be taken, bearing in mind the national conditions, to ensure that the Convention is applied in other sectors of economic activity.