Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Yémen (Ratification: 1969)

The Committee notes the Government's report and the information supplied by a Government representative to the Conference Committee in June 1993.

The Committee notes that, despite the assurances given by the Government in its previous report and to the Conference Committee in June 1993 that it was undertaking a revision of the national legislation with a view to bringing it into conformity with the requirements of the Convention, the Government confines itself in its report to repeating the information provided previously that the draft texts of the new Labour Code and a Bill respecting trade unions contain provisions to give effect to the Convention.

In these circumstances, the Committee recalls that for several years its comments have dealt with the following points:

(a) the absence of specific and appropriate provisions, combined with effective and sufficiently dissuasive sanctions, to guarantee explicitly the protection of workers against any act of discrimination by employers, both at the time of recruitment and during employment, and the protection of workers' organizations against acts of interference by employers, contrary to Articles 1 and 2 of the Convention.

(b) the absence of appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements, and the compulsory registration of collective agreements and the possibility of their cancellation in the event that they do not conform to the security and economic interests of the country (sections 68, 69 and 71 of the Labour Code), contrary to Article 4 of the Convention, under which it is the responsibility of the Government to establish the appropriate procedures to associate the social partners on a voluntary basis in the determination of the Government's social and economic policy, and by virtue of which collective bargaining shall also be free and may not be subject to legal restrictions.

The Committee expresses the firm hope that the Government will be able to supply information in its next report on the measures which have actually been taken to bring its legislation into conformity with the requirements of the Convention and, in particular, to adopt the new Labour Code, the draft text of which was prepared with the technical assistance of the Office, and the new Bill respecting trade unions.

[The Government is asked to report in detail for the period ending 30 June 1994.]