Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Bénin (Ratification: 1968)

In its previous comments in 2007, the Committee noted the comments of the International Trade Union Confederation (ITUC) and the National Union of Workers of the Ministry of the Public Service, Labour and Administrative Reform (SG/SYNTRA/MFPTRA) denouncing acts of anti-union discrimination, including transfers within the Ministry of the Public Service. The Committee notes the Government’s indication in its report that a ministerial order has been issued under which trade union representatives will henceforth be associated with personnel transfers.

The Committee notes the communication of the Confederation of United Unions of Benin (CSUB), dated 12 June 2008, which had been forwarded to the Government for comments, contesting the adoption of a Decree defining the various types of trade union organizations and criteria of representativeness. The Committee notes that, in an informal procedure, the Government sent replies to the issues raised. It indicated, among other matters, that the Decree challenged by the CSUB had been prepared to respond to the concerns of the social partners on the arrangements for the organization of trade union elections and the representativeness levels determined, which they considered to be too high. It was the subject of consultation in the National Labour Council and with trade union confederations, including the CSUB, before being adopted. With regard to the definition of the various forms of trade union organizations, the proposal was voted on by the National Labour Council without opposition from the confederations present. The system that was chosen requires five first-level trade unions from the same sector or the same branch of activity to establish a federation, and three federations from different sectors or branches to establish a confederation. In order to acquire representative status, the Decree establishes the requirement to obtain 40 per cent of the votes cast in trade union elections for a first-level union and 15 per cent for confederations. The Committee notes this information.

In its previous comments, the Committee hoped that the new Merchant Shipping Code would explicitly recognize the right to collective bargaining of representative organizations of workers in merchant shipping, and it requested the Government to provide a copy of the text adopted. The Committee notes the Government’s confirmation that this right will be recognized in the draft of the new Merchant Shipping Code, which is currently under examination by the National Assembly. The Committee requests the Government to provide a copy of the new Merchant Shipping Code when it has been adopted.