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

Convention (n° 151) sur les relations de travail dans la fonction publique, 1978 - Tchad (Ratification: 1998)

The Committee notes the Government’s report and Act No. 017/PR/2001 issuing the general public service regulations, of 31 December 2001. The Committee requests the Government to provide the text of the Decree issued under the general public service regulations, which was adopted on 23 June 2003.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that section 3 of the general public service regulations excludes from its scope of application local government officials, officials in public establishments and auxiliary personnel employed by the administration who are governed by a specific text, and it requested the Government to indicate whether the text of the special regulations governing these public employees grants them the rights and guarantees provided for in the Convention. In the absence of a reply in the Government’s report, the Committee reiterates its request and asks the Government to provide copies of texts issuing special regulations governing these bodies of public employees, as well as the general collective agreements of 1958 and 1971.

Article 4. Protection against acts of discrimination. In its previous comments, the Committee noted that the general public service regulations do not contain any provisions on protection against discrimination for the exercise of trade union activities and it requested the Government to take measures to ensure that the legislation includes specific provisions ensuring adequate protection against discrimination due to the exercise of trade union activities. In the absence of information on such measures in the Government’s report, the Committee reiterates its request to the Government to include provisions in the legislation ensuring protection against acts of anti-union discrimination in relation to public officials and to indicate any progress achieved in this respect.

Article 5. Acts of interference. The Committee noted previously the absence of provisions in the general public service regulations prohibiting acts of interference by the public authorities in the internal affairs of trade unions and it requested the Government to take corrective measures for the inclusion of such provisions in the legislation. The Committee notes that the Government’s report refers to the protection contained in the Labour Code in relation to contractual workers of the State, and to the statutes of the representative organizations of public officials, with the indication that they contain the necessary protection against interference by the public authorities. The Committee nevertheless recalls the need, under the terms of the Convention, to guarantee in full adequate protection for public employees’ organizations against any acts of interference by the public authorities in their establishment, operation and administration and it once again requests the Government to indicate the tangible measures adopted for the establishment of general and continuous protection of this nature in the respective texts.

Article 6. Facilities to be afforded to workers’ representatives. Noting the Government’s reply concerning the absence from the general public service regulations of provisions explicitly providing for such facilities, the Committee once again requests the Government to take measures, as required by the Convention, in order to ensure, through the legislation or by other means, that facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times.

Article 7. Procedures for determining terms and conditions of employment. The Committee requests the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreements concluded with trade union organizations in the public service over recent years.

Article 8. Settlement of disputes. The Committee notes that, according to the Government’s report, the texts still do not contain any provisions on this matter, but that disputes could be settled in the Public Service Advisory Committee. The Committee once again requests the Government to take measures to establish an impartial procedure offering guarantees of independence and impartiality which has the trust of the parties concerned (such as mediation, conciliation or arbitration) with a view to settling disputes arising from the determination of the terms and conditions of employment of public employees.

The Committee notes with regret that no measures have been taken by the Government to give effect to its previous comments and it trusts that the Government will report in the near future the adoption of appropriate measures to give full effect to the provisions of the Convention.