Effect given to the recommendations of the committee and the Governing Body - Report No 367, March 2013

Effect given to the recommendations of the Committee and the Governing Body

1. 70. In its previous examination of the case in June 2011 [see 360th Report, para. 99], the Committee stated that it understands that in accordance with national legislation the complainant organization (SINTUP), which is a workers’ organization in a public university, may not be established as a trade union regulated by the Labour Code, but must instead be established as an association and be covered by the Administrative Careers Act. The Committee requests the Government to indicate whether the members of such associations, and in particular those of SINTUP, are guaranteed protection against acts of anti-union discrimination and whether they have the right to collective bargaining and to strike, and, if so, to provide the relevant legal provisions.
2. 71. In its communication of 12 September 2011, the Government provides the legal provisions that guarantee the right of public servants to strike. The Government also provides the legal provisions applicable to public servants’ associations (recognition, legal personality and the right to form federations and confederations) contained in the Administrative Careers Act of 1994. As regards the right to collective bargaining, the Government states that section 186 of the aforementioned law provides that:
   • Section 186: Any collective conflicts that arise as a consequence of the service relationship established in the present law should be resolved, in the first instance, within the institution where they originated, by the executive committee of the workers’ association of the institution and the relevant administrative authorities, within ten days of the formal submission of the relevant request.
3. 72. The Government adds that, in accordance with the aforementioned law, it has been complying with the recommendations of the Committee on Freedom of Association on this case within the relevant framework of established national legislation, and reiterates that it respects the Conventions on freedom of association and collective bargaining that it has ratified, which is why it has been making every effort to ensure their full implementation within a framework of dialogue with the social partners involved.
4. 73. The Committee notes that public servants enjoy the right to strike but observes that the Government has not referred to any legal provisions that protect public servants against acts of anti-union discrimination or interference, nor has it referred to any provisions that clearly regulate the right to collective bargaining of public servants (the Government refers only to conflict resolution, which is dealt with succinctly in section 186 of the Administrative Careers Act), who should enjoy such rights since only the armed forces, the police or “public servants engaged in the administration of the State” (which does not include the staff working in public universities such as that represented by the complainant) are not included in the scope of Convention No. 98. Under these circumstances, the Committee requests the Government to take steps to ensure that national legislation guarantees the public servants who do not work in the administration of the State, including employees of public universities, adequate protection against anti union discrimination and interference, as well as the right to collective bargaining. The Committee reminds the Government that, should it wish to avail itself of ILO technical assistance, it is at its disposal.