Compilation of decisions of the Committee on Freedom of Association

Collective bargaining15

Workers covered by collective bargaining

Workers employed under programmes to combat unemployment

1. With regard to temporary job offers in the public sector to combat unemployment, in which the wages were not determined under the terms of the collective agreements governing remuneration of regular employees, the Committee expressed the hope that the Government would ensure that, in practice, the job offers remained of a limited duration and did not become an opportunity to fill permanent posts with unemployed persons, restricted in their right to bargain collectively as regards their remuneration.

1. People involved in community participation activities intended to combat unemployment, of a limited duration of six months, are not true employees of the organization which benefits from their labour and can therefore legitimately be excluded from the scope of collective agreements in force, at least in respect of wages.

1. With reference to people involved in community participation activities, the Committee however considered that the persons concerned perform work and provide a service of benefit to the organizations concerned. For this reason, they must enjoy a certain protection in respect of their working and employment conditions.

1. In the context of measures to combat unemployment and the introduction of job offer schemes which imposed a ceiling on hourly wage rates, the Committee emphasized that the Government should ensure, in practice, that job pools are not resorted to on a successive basis in order to fill regular jobs with unemployed persons restricted in their right to bargain collectively in respect of wages. The Committee urged the Government to set up tripartite procedures in order to prevent any abuse.