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Conditions of work and life

Paragraphs 33-39

Wages, benefits and conditions of work (Paragraphs 33-35)

(1) Please comment on wages, benefits and conditions of work offered by multinational enterprises taking into account the recommendations in paragraphs 33-34.

(2) What (new) measures, if any, have been adopted by the government so that lower income groups and less developed areas benefit from the activities of MNEs?

The Government of Argentina reports that wages in MNEs are in line with national economic conditions and the new labour market reforms. As a result of the economic situation and high unemployment, some MNEs and national enterprises are shortening working time with a corresponding reduction of salary. Convention No. 110 has not been ratified. Plantation workers are generally provided with the prescribed minimum amenities. Minimum wages are set by the National Committee of Agricultural Work of the Ministry of Labour and Social Security (Comisíon Nacional de Trabajo Agrario del Ministerio de Trabajo y Seguridad Social), on which employers and workers are represented. MNEs provide housing when the enterprise is far from urban centres. They cover the workers' health needs, and in isolated cases, enterprises provide workers and their families with medical care. The Framework Agreement on Employment, Productivity and Social Justice (Acuerdo Marco para el Empleo, la Productividad y la Equidad Social) (July 1994) emphasizes the importance of social dialogue for promoting social justice. Such dialogue enables all the parties concerned to set goals for modernizing the economy, to adapt the production processes accordingly and expand employment opportunities.

Pay, benefits and working conditions are generally determined by industrial awards and collective agreements, reports the Government of Australia. According to a 1990 survey that was the case for 86 per cent of non-managerial staff. Minimum standards for those workers not covered by awards are laid down in the Commonwealth Industrial Relations Act 1988 (the IR Act). Federal and state industrial awards, together with the statutory minima apply to workers in enterprises of all sizes, including MNEs. The Industrial Relations Reform Act 1993 is intended to promote a more decentralized industrial relations system. However, the safety net of minimum terms and conditions guaranteed by industrial awards is being maintained. Of particular interest is the "no disadvantage test", under which the Australian Industrial Relations Commission will not approve agreements that reduce entitlements and the protection of employees covered by other agreements, unless such reductions are not considered to be contrary to the public interest. According to a 1990 survey, the only significant difference found to exist between MNEs and other enterprises as regards pay is that 53 per cent of employees in the former received remuneration exceeding those prescribed by industrial awards, as opposed to 35 per cent of employees in other establishments. In New South Wales, pay, benefits and working conditions in MNEs are comparable to those in other enterprises; in South Australia, they are in many cases much better, since MNEs tend to have large operations and highly skilled workers. As regards lower income groups, the Queensland Industrial Relations Act 1990, which provides for a "no disadvantage test" to any package of entitlements, ensures that no enterprise agreement is to the disadvantage of workers. In South Australia, the Department for Industry, Manufacturing, Small Business and Regional Development has programmes for attracting investment to non-metropolitan areas.

The Government of Austria states that its reply to the last survey is still relevant. It adds that under the Employment Contract Harmonization Act (AVRAG), which came into force on 1 July 1993, workers in foreign-owned companies must receive the same remuneration as comparable workers in similar enterprises, as prescribed by law or collective agreement. Where the level of local pay is more favourable than that set under the foreign system, payment of the former is mandatory. This also applies to foreign workers on assignment in Austria for a period of more than one month (except those involved in tasks relating to the delivery, assembly or repair of equipment which cannot be carried out by locals, and the duration of which does not exceed three months).

According to the Government of the Bahamas, wages paid by MNEs are either comparable to or better than average wages in the country. The Government has instituted a system which has created opportunities for rural and low-income workers to market their products.

The Government of Bangladesh reports that wages, fringe benefits and other conditions of service in MNEs are generally better than those in national enterprises. Issues relating to wages and other benefits are resolved through negotiations. Lower income groups and those in less developed areas derive benefits from the operations of MNEs. The observations made by the Bangladesh Employers' Association are similar to those of the Government.

According to the Government of Barbados, wages, benefits and the conditions of employment of workers in some MNEs are the subject of collective bargaining. These collective agreements are no less favourable than those concluded in local companies. Enterprises with no collective agreements provide socially acceptable wages and working conditions. The Government continues to provide and maintain the infrastructure that makes jobs accessible to persons in lower income groups and less developed parts of the country. The Barbados Employers' Confederation states that most enterprises are governed by collective agreements. Those in which there are no collective agreements tend either to conform to the labour market in terms of wages, benefits and conditions of work, or to improve on them. To its knowledge, no measures have been adopted by the Government that would allow low income groups or less developed areas to benefit from the activities of MNEs. According to the Barbados Workers' Union, wages, benefits and working conditions vary among MNEs. In the telecommunications sector, wages and benefits are either similar to or better than the norm, whereas in the information services and electronics industries, wages are lower than the national average. Workers in information services are not unionized. No new measures have been adopted to ensure that lower income groups and less developed areas benefit from MNEs' activities.

According to the Government of Belgium, MNEs generally have a good record as regards conditions of work and life. However, their search for higher levels of productivity leads to great increases in the number of staff in certain professional categories, while others are dismissed or made to work on a temporary basis for economic reasons. That gave rise to a major collective labour dispute in an enterprise in the automobile industry (not named). The possibility that such situations could lead to the relocation of enterprises gives rise to great concern. The National Labour Council (Belgium) draws attention to two Council Directives (of the EU) pertaining to working-time arrangements (23 November 1993) and the protection of youth at work (22 June 1994).

According to the Government, MNEs in Brazil are generally among those enterprises that offer the best wages, benefits and working conditions. Company policy, the type of activity, location, and the degree to which workers are organized, are among the factors that account for inter-company differences. There are no specific initiatives for enhancing the contribution of MNEs to lower income groups and less developed regions. None the less, the Government's development plans recognize the critical role of MNEs in the processes of technological and economic development, which are expected to contribute to the creation of good quality jobs. The Single Central Organization of Workers states that wages paid by MNEs are above the national minimum, although they are less than those paid in the parent companies. Employment opportunities in MNEs in Brazil have been on the decline because of drastic staff cuts.

The Government of Cambodia indicates that MNEs offer better wages, benefits and conditions of work to their employees than other enterprises in the country. The Government is currently exploring measures so that lower income groups and less developed areas may benefit from MNEs' activities.

According to the Government of Canada there are no comparative data on wages, benefits and working conditions in MNEs and other enterprises in the country as a whole. The labour legislation applies to all enterprises regardless of their ownership and origin. The Government of the Province of Quebec points out that MNEs generally offer better pay and benefits than other enterprises. For example, 34 per cent of collective agreements in MNEs, as opposed to 17.8 per cent in other enterprises, provide for cost of living allowance. With respect to life insurance, the figures are 75 per cent and 58.7 per cent respectively. Moreover, 60 per cent of MNEs contribute to these life insurance schemes as opposed to 46.3 per cent in the case of other companies. Eighty-one per cent of MNEs have retirement schemes, whereas 59.4 per cent of other enterprises do. More than half of all MNEs contribute to income protection insurance. As regards complementary sickness insurance, 59 per cent of MNEs as opposed to 45.8 per cent of other enterprises make this available; in the case of dental insurance it is 43 per cent and 26.6 per cent respectively. Only 24 per cent of MNEs give sick leave. In the case of other enterprises it is 60 per cent. The Unemployment Insurance Act guarantees such leave and Quebec is considering introducing an insurance covering the cost of medicaments, which will apply to everyone. The Government of the Province of Quebec provides wage subsidies to enterprises that hire persons receiving social assistance. This also applies to MNEs. There is no distinction between enterprises when it comes to the application of Government's regional development policies.

According to the Government of Chad, both MNEs and national enterprises offer pay, benefits and working conditions that are in keeping with the legal requirements. In an effort to increase low wages in general, and those of agricultural workers in particular, the statutory minimum wage and the minimum wage for agricultural workers were both revised in 1995 and 1996.

The Government of Chile points out that section 44(3) of the Labour Code prescribes that the monthly remuneration must not be less than the statutory minimum. The Code and other national laws relating to benefits and working conditions apply to all enterprises, including MNEs.

According to the Government of Colombia, MNEs must provide their workers with at least the minimum conditions of work stipulated by the Labour Code. However, as a result of collective bargaining, workers in these enterprises generally enjoy better wages and benefits. As regards working conditions, these are governed by Act 100 of 1993 under which the Ministry of Labour and Social Security set up an office to deal with occupational hazards (Dirección de Riesgos Profesionales del Ministerio de Trabajo y Seguridad Social). All the measures adopted are designed to protect the rights of disadvantaged groups and large sums of money are invested in projects for this purpose. The activities of MNEs generally contribute to the development of the regions in which they are located. The National Association of Manufacturers notes that in Colombia there are MNEs which offer better salaries, benefits and working conditions than local enterprises. On the whole, MNEs use the minima prescribed by law for setting wages and benefits. However, these can be higher as a result of collective bargaining or the policies of individual companies. The General Confederation of Democratic Workers states that in Colombia MNEs pay at least the legal minimum wage, and in a "very few" cases the wages are higher. Within this small number of enterprises, there is an even smaller group in which there are unions and where wages can be determined through collective bargaining. The Government does not closely follow the activities of MNEs and it does not seem to be well informed about whether or not lower income groups benefit from their activities.

The Government states that wages in MNEs are generally better than those paid by other enterprises in Costa Rica. Working conditions (which normally include living accommodation, water and electricity, and sports facilities), are regulated through collective agreements.

The Government of the Czech Republic states that during the period under review it received no complaints or comments to the effect that wages and benefits provided by MNEs were not in keeping with the principles of the Declaration. Wages and conditions of work offered by MNEs are generally more favourable than those offered by comparable domestic companies. The high skill levels of workers in MNEs largely account for the wage differences. In 1995 MNEs employed 131,000 persons in the industrial sector, and on average, wages increased by 17.6 per cent between 1994 and 1995. In local enterprises wage increases averaged 17.2 per cent over the same period. The remuneration of managers in MNEs is "considerably higher" than that of their local counterparts, whereas that of manual workers and clerical staff in MNEs is a "little above the average". As regards measures whereby lower income groups and less developed areas can benefit from MNEs' activities, these are not considered necessary under present circumstances. The Czech and Moravian Chamber of Trade Unions (MK OS) concurs that wages and working conditions in MNEs are generally better than those in comparable local enterprises. These differences are particularly pronounced in the cases of certain occupations and middle management positions, and between MNEs with very high productivity levels and local enterprises where productivity is much lower. The trade unions support governmental action to set up infrastructure and create job opportunities in less developed areas.

The Dominica Employers' Federation reports that the information contained in its reply to the fifth survey is still applicable.

The Government of Ecuador indicates that enterprises cannot pay wages and salaries that are less than either the minimum living wage or the statutory minimum wages determined for each branch of activity by the respective sectoral committees responsible for reviewing and fixing minimum wages and salaries (Comisiones Sectoriales de revisión y fijación de Sueldos y Salarios mínimos). Enterprises can, through freely negotiated contracts with individual workers or through collective agreements, offer pay that exceeds these minima. Foreign-owned enterprises generally pay higher wages than their local counterparts, while working conditions and benefits are either equal to or better than those offered by other companies. The collective agreement (copy attached) to which a major food and drink MNE (name given) is a party, contains provisions entitling workers to various benefits. These include the following: insurance policies; three months' paid maternity leave with the possibility of three additional months of leave without pay with a guarantee of retaining one's job; baby food products up to child's first year; special bonuses, a revolving fund for housing, and Christmas bonus and gifts of food items; meals; and loans to workers in cases of serious domestic difficulties. The Government notes that its plans and policies are always in line with the provisions of paragraph 35 of the Tripartite Declaration and believes that it seems somewhat "utopic" to attempt to divert investors from pursuing their basic interests.

According to information submitted by the Federation of Egyptian Industries, enterprises in the pharmaceutical and metal trades (named) generally offer competitive wages and benefits which are sometimes among the highest in the country. Some pharmaceutical companies consider employees to be an important asset and they therefore endeavour to pay wages and benefits which reflect this. Annual bonuses, profit-sharing schemes, social security coverage and the provision of meals and free transport are among the benefits offered by some enterprises in the metal trades.

The Government of Estonia reports that according to the Estonian Confederation of Industry and Employers, wage levels in MNEs are usually higher than in national undertakings. Minimum wages in MNEs exceed the statutory minimum. Some enterprises provide additional benefits such as paid annual leave of 35 days and child allowances. Moreover, working days preceding holidays are shortened by two hours. The Association of Estonian Trade Unions states that wages, benefits and conditions of work in MNEs are more favourable than those offered by comparable employers. It believes that the Government has not adopted suitable measures to ensure that lower income groups and less developed areas benefit from the activities of MNEs.

According to the Government of Ethiopia, a comparison of wages being paid by different enterprises revealed that foreign enterprises offer the best wages and benefits to their employees. In most cases, various allowances and transport services are provided on the basis of collective agreements. No measures have been adopted so far to benefit lower income groups and less developed areas.

The Government of Finland, the Confederation of Finnish Industry and Employers and the Employers' Confederation of Service Industries state that there is nothing new to report. According to the Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA), MNEs must respect Finnish labour laws and collective agreements. Many of them also voluntarily offer additional benefits to their personnel -- material assistance, foreign travel and extra holiday bonuses. Performance-related pay is a general feature in at least some sectors. Some enterprises offer salaried employees better benefits than production workers.

According to the National Council of French Employers salaries, benefits and working conditions in MNEs are often better than those offered by local employers. The higher standards observed by multinationals tend to have a demonstration effect on national enterprises.

The Government of Gabon notes that there is nothing particular to report as regards MNEs' policies on wages and conditions of work in general. Among the measures intended to assist lower income groups, Government has introduced a fund for investment diversification with the aim of creating secondary activities with beneficial effects on employment and income distribution. As an example, the Government refers to an agricultural enterprise (name given) which was created as a result of the activities of an enterprise in the petroleum sector. The Gabonese Confederation of Free Trade Unions reports that in general MNEs offer better wages and conditions of work than other enterprises. However, it draws attention to their use of cheap labour by resorting to service enterprises which do not guarantee job security. In addition, these service enterprises recruit low-cost, illegal migrant workers who have no social protection.

The Government of Germany states that its report to the fourth survey is still applicable. It adds that since there is the principle of "wage-setting autonomy" it has no influence on matters concerning wages. It also has no say in the question of where MNEs locate their operations.

The Government reports that in Grenada wages, benefits and conditions of work in MNEs are far superior to those offered by comparable employers in the country. In some enterprises employees can purchase shares.

The Government of Hungary states that neither the privatization of SOEs nor new investment by MNEs has adversely affected wages and other working conditions. To its knowledge, there have been no situations in which previous contracts were terminated or wages were reduced. There was evidence that after privatization, wages in many enterprises increased above the national average. In the case of greenfield investment, MNEs tend to use information provided by government sources as a basis for setting wages which are usually about 25 to 30 per cent higher than average wages for comparable jobs in other enterprises. In the private sector, wages and other benefits are covered by individual agreements or collective contracts. Very few contracts are negotiated at the industry level. A national tripartite body, the Interest Coordinating Council, sets the minimum wage and examines recommendations for wage increases. There are no specific data to determine with exactitude the differences in wages paid by MNEs as opposed to other enterprises. However, secondary data and the results of a survey conducted by the Hungarian Labour Inspectorate show that the wage levels in industries in which MNEs predominate tend to be substantially higher than the average wages in other industries, reflecting MNEs' interest in attracting and retaining a highly competent workforce. A number of economic and regional development programmes and employment promoting measures, including incentives to both local and foreign companies, have been implemented to support the development of less developed regions. However, these initiatives are financed from local resources and state funds, with the largest share being allocated to the most disadvantaged regions. These efforts are aimed at implementing an "integrated restructuring and crisis management programme". The establishment of industrial parks with adequate infrastructure is expected to give a further boost to regional development. The Regional Development Bill was submitted to Parliament in September 1995, and certain fiscal incentives for attracting investment into disadvantaged areas have also been proposed in the 1996 national budget. Regional Development Councils should cooperate with tripartite county labour councils which analyse employment-related issues and take decisions on grants to be given at the local level. The National Confederation of Hungarian Trade Unions, the National Federation of Workers' Councils and the National Federation of Autonomous Trade Unions point out that the introduction of "lean production" and new wage structures by MNEs imposes considerable psychological pressure on workers. While there are industries and sectors (e.g. pharmaceuticals, sanitary-hygienic products, and metal trades) where wages are above average, this was not the case in other industries (e.g. light manufacturing) which were now exclusively foreign-owned.

The Government of India reports that wages, benefits and conditions of work offered by MNEs fall broadly within the framework of government policies, even though in some cases they are much better when compared to those offered by local employers. No specific measures have been adopted by Government to enable lower income groups and less developed areas to benefit from MNEs' activities.

The Government of Indonesia reports that its wages policy is designed to increase the standard of living of the workers and of their families in conformity with their educational levels and the capability of the companies concerned. Existing regulations governing wages, working conditions and the provision of other facilities including housing, medical services and meals apply to both national and multinational enterprises. There is a statutory minimum wage. Company plans and decisions to pay higher wages are implemented following bipartite discussions. The criteria for fixing minimum wages are the lowest skill and occupation and the minimum "working experience of 0-1 year". Enterprises that are allowed to pay wages at the minimum level normally fulfil the following conditions: the enterprise must be new, not enjoy any special privileges or facilities provided by the Government and have no foreign capital participation. Although there is no wage policy for the informal sector, the enterprises concerned are always encouraged to refer to the statutory minimum wage in force.

Wages, benefits and working conditions in MNEs in Ireland compare favourably with those in similar local enterprises, reports the Government. Wages and working conditions in both national and foreign enterprises are generally determined through collective bargaining. At the start of 1994 a new Programme for Competitiveness and Work (1994-96) was adopted following tripartite discussions. Like past programmes, it applies to all enterprises, and covers wages and a broad range of economic and social policy questions. Under the National Development Plan 1994-1999, Ireland will concentrate on the sectors and market niches in which it is most competitive, with the aim of attracting inward investment in activities that would create an average of 9,000 jobs each year for the duration of the Plan. The goal of Ireland's employment policy is to maximize the number of sustainable jobs and improve access to jobs for disadvantaged groups, especially for the long-term unemployed. Foreign investment in the pharmaceutical, health care, electronics, precision engineering and software industries will be encouraged within the framework of the Industry Operational Programme 1994-1999, with a view to enhancing job opportunities, skills and technologies (information drawn from Growing and sharing our employment: Strategy paper on the labour market; and the Programme on competitiveness and work, annexed to the report).

According to the Government of Italy, wages and conditions of work are governed by the relevant legislation and collective agreements, which are respected by both national and multinational enterprises. The General Confederation of Industry (Italy) concurs with the Government.

The Government states that wages, benefits and working conditions in MNEs in Jordan are similar to, and sometimes better than those in other establishments. Many privileges and fiscal incentives are given to encourage investors to operate in less developed areas. The Amman Chamber of Industry states that it is generally believed that employees in MNEs receive salaries which are above the existing salary scales in Jordan. There are provident funds, and amenities (e.g. medical services) are also provided. The Chamber is not aware of any measures for enabling lower income groups or less developed areas to benefit from the activities of MNEs.

The Government of the Republic of Korea notes that wages and working conditions in MNEs are similar to those in national enterprises. No measures have been adopted to benefit lower income groups and less developed areas. According to the Korea Employers' Federation, MNEs generally offer better wages, benefits and conditions of work than national enterprises. However, over the survey period, this gap narrowed due to wage increases in national enterprises. No measures have been adopted for the benefit of lower income groups and less developed areas.

The Government of Kuwait states that the labour laws cover workers in MNEs, and they encompass the following: protection of workers' rights; payment of due wages upon termination of employment; working conditions; OSH; remuneration and compensation for overtime. The Government will endeavour to improve its labour legislation by setting a minimum wage for certain job categories. Gradually, the same will be done for other job categories.

The Federation of Luxembourg Manufacturers indicates that MNEs generally offer wages, benefits and conditions of work that are either equal to, or slightly better than, those provided by national enterprises. The Confederation of Independent Trade Unions states that the provisions of these paragraphs of the Declaration are complied with in Luxembourg.

The Government of Malaysia reports that in MNEs where the workers are organized, wages and benefits are determined by collective agreements and are invariably more favourable than those offered by local enterprises. In MNEs where the workers are unorganized, studies by the Labour Department show that wages and benefits are either more favourable or the same as those in local enterprises, including in enterprises with national unions. The Malaysian Trades Union Congress reports that many MNEs pay lower wages and provide less favourable benefits and conditions of work than national enterprises. This is particularly striking in MNEs where the workforce is not organized. Fiscal incentives have been given to MNEs investing in less developed areas.

The General Confederation of Employers of Mauritania notes that by virtue of the scale of their operations, MNEs are in the position to offer better wages, benefits and conditions of work than national enterprises. The Free Confederation of Workers of Mauritania reports that the principle of equal pay for work of equal value is not applied. Furthermore, social insurances and protective measures related to health are granted only on an exceptional basis. In the event that these are supplied, they do not comply with the Conventions and Recommendations referred to in these paragraphs. Apart from those involved in infrastructural development projects, MNEs are mainly located in the capital. Consequently, conditions are not favourable for them to contribute to the activities which benefit less developed regions or lower income groups located mainly in rural areas. In addition, job security in MNEs operating in the field of infrastructural development is not guaranteed.

The Government of Mauritius reports that the national labour laws do not differentiate between local enterprises and MNEs. Wages and conditions of employment in the private sector (including MNEs) are fixed in line with recommendations by the National Remuneration Board.

The Government of Mexico reports that notwithstanding a fall in the number of jobs created per unit of capital invested, employment in enterprises with foreign participation grew at a rate of 13 times more than the national average during the early 1990s. Wages in MNEs are generally higher than the national average especially in relatively small enterprises and those involved in transport, communications, services, agriculture, the raising of livestock and construction. Wages, benefits and working conditions in MNEs must be in line with the norms set by the Federal Labour Act. MNEs in the maquiladora industry tend to have a policy of giving wage increases. On the whole multinationals have a positive effect on the economy, since they also generate indirect employment, including in infrastructural development projects in the regions where they are located. Between 1988 and 1994 industrial locations were redefined in order to decentralize activities by encouraging the development of industrial parks in those parts of the country which have good communication facilities, highly skilled manpower and easy access to sources of raw material. A Decree to promote the establishment and operation of industrial parks was issued in 1993 and a wide range of activities are being carried out in these parks. The Mexican Confederation of Chambers of Industry points out that the wages agreed in collective agreements generally reflect wage levels in, and the economic situation of, the areas in which the enterprises are located. The demand for labour and the concentration of MNEs in a given place also have an impact on wage levels. The Confederation of Mexican Workers (CTM) agrees with the Government.

The Government of Myanmar states that wages, benefits and conditions of work offered by MNEs take into account workers' basic needs in a satisfactory manner.

The Government of Namibia points out that wages and conditions of work differ from company to company. Workers can join and form trade unions which are able to negotiate on their behalf on matters concerning wages and conditions of work.

The Working Conditions Act which came into force in 1990 applies to all enterprises, including MNEs, states the Government of the Netherlands. The Government appends to its report, a copy of the Act, which essentially focuses on occupational safety and health. The Federation of Netherlands Industry and Employers agrees with the Government.

The Government states that wages, benefits and working conditions in enterprises in New Zealand are negotiable, subject to the minimum requirements prescribed by law. Information on the national labour standards is widely disseminated through a free phone inquiry service and publications (copy of Employment: Your contract, your rights, your obligations enclosed with report). There are statutory, minimum daily, hourly and weekly wages for workers aged 16-19 years and for those 20 years and over. These were increased in 1994 and 1995, and at the end of 1995 further increases in minimum wages for workers in the aforementioned age groups, were recommended. The Government stresses that New Zealand is an industrialized market economy country and that it is the responsibility of the Government, not MNEs, to put in place the necessary laws and measures to ensure the well-being of lower income groups and improve conditions in less developed areas. The New Zealand Employers' Federation supports the Government's statement. It adds that the concerns of the survey appear to be based on an "outdated view of the value of MNEs" to host countries, that MNEs "assist greatly" in the development process, and that many of the questions are geared more to developing economies than industrialized countries.

Wages and benefits in MNEs in Nicaragua are better than those prescribed by law and exceed those paid by other private enterprises, reports the Government.

According to the Government of Nigeria, MNEs offer wages, fringe benefits and conditions of work which compare favourably with those of other employers. Indeed, they often set the pace because the salaries and wages offered are reviewed periodically to accommodate inflation and other economic changes. In recent times, MNEs have introduced dollar-denominated remuneration packages to facilitate the international transfer of local executives. MNEs are constantly reminded and encouraged to assume their social responsibilities vis-à-vis the communities in which they operate, especially in the oil producing region. Activities undertaken include environmental protection, the awarding of scholarships, creation of jobs for locals, and the extension of modern company-owned facilities such as electricity, hospitals and schools for use by local communities. The views of the Nigeria Employers' Consultative Association are the same as the Government's. The Nigeria Labour Congress reports that wages and benefits in MNEs are among the best in the country, but that conditions of work are in no way comparable to those which prevail in their home countries. There is no national policy to help lower income groups and less developed areas; this is left to the initiative of MNEs through their community relations programmes.

According to the Government, wages in all enterprises in Norway are determined by either collective or individual agreements. Wages in MNEs are, to a large extent, regulated by collective agreements. With regard to other benefits and conditions of work, national legislation provides only the minimum require-ments which must be adhered to by MNEs. The Confederation of Norwegian Business and Industry is in agreement with the Government's statement.

According to the Government of Pakistan, working conditions in MNEs compare "quite favourably" with those in other enterprises. Workers in MNEs do not receive less than the amount stipulated by the Minimum Wages Ordinance. They are paid "reasonable wages" that, to a great extent, satisfy their basic needs. MNEs are required to abide by the national minimum wage legislation. The Employers' Federation of Pakistan notes that wages, benefits and conditions of work in MNEs are better than those in local enterprises. National policies governing FDI have been simplified to encourage investment. Incentives offered include exemptions from import regulations and duties. In order to improve job opportunities for people in less developed areas, tax breaks and other concessions are offered to enterprises that locate in these areas.

The Government reports that foreign investors in privatized SOEs in Poland conclude agreements with workers' organizations, guaranteeing that remuneration and social security entitlements will be maintained for a specified period after the change of ownership. However, certain MNEs have been found not to respect the regulations concerning remuneration. The Independent Self-Governing Trade Union "Solidarno" reports that wages, benefits and working conditions in MNEs in Poland are better than those offered by local enterprises. No new measures of the kind referred to in question (2) have been undertaken.

The Government of Portugal reports that MNEs, like national enterprises must apply the minimum wage in force and the relevant provisions of applicable collective agreements. In some cases wages, bonuses, food allowances and other payments to workers in MNEs exceed those set out in collective agreements and are higher than those paid by national enterprises. The General Union of Workers attributes the wage differentials between foreign and local enterprises to the extra payments, including productivity bonuses, that are added to the basic wages of workers in MNEs in Portugal. Wage increases in multinationals have been higher than the national average and in MNEs in the chemical industry, increases have been decided by administrative decrees.

The Government of Romania has not adopted any special measures to benefit lower income groups and less developed areas.

The St. Vincent Employers' Federation notes that most MNEs offer better wages, benefits and working conditions than local enterprises. The Government's policy is to set up industrial estates and encourage MNEs to set up business in these estates, with a view to creating jobs in low-income areas.

The Singapore National Employers' Federation notes that because of the slow-down in economic growth that has been forecast, and other global developments, countries will have to take certain measures to stay competitive. However, employers have not responded in a proactive manner when it comes to managing their employees' benefit schemes. Instead of absorbing the increases in employees' benefits, firms will have to resort to innovative practices to contain costs if they are to cope with these increases. One national study advocated the introduction of flexible benefit schemes as one response to the challenge of enabling enterprises to be more competitive, better prepared to deal with future cost increases and to maintain a satisfied and productive workforce. A few MNEs have taken the lead in adopting and implementing flexible benefit schemes. The experiences gained from the successful implementation of such schemes will also benefit local enterprises. Both MNEs and national enterprises provide employees who return after overseas assignments with certain options, such as greater responsibilities and internal transfers. However, most of them preferred to place these employees in their former positions. Some provided extra fringe benefits such as accommodation, transport and medical facilities.

According to the Government, conditions of work, including wages, in MNEs in Slovakia are established through collective bargaining. The Act on collective bargaining stipulates the procedures for concluding collective agreements and workers have the right to be represented by their trade unions in these negotiations. The minimum wage is established by law and all employers, including MNEs, are expected to comply with these provisions.

The Government of Slovenia states that it is not in a position to comment on wages, benefits and other conditions of work offered by MNEs since data on wages paid to individuals are confidential. However, it is generally believed that the wages of blue-collar workers in domestic and foreign enterprises are either around or above the national average, while the pay of salaried employees is considerably better (i.e. above average). Legislation aimed at accelerating the development of less developed areas was enacted and it provides some fiscal incentives to attract investment into those regions. No special measures have been adopted to enable lower income groups and less developed areas to benefit directly from the activities of MNEs.

The Government of Spain reports that wages, benefits and working conditions in MNEs are determined in keeping with the national labour legislation. In accordance with section 27.1 of the Workers' Statute, minimum wages are set by the Government each year, in consultation with the most representative employers' and workers' organizations. During the period covered by the survey those minima were set by the following Royal Decrees: 3/1992 of 10 January; 44/1993 of 15 January; 2318/1993 of 29 December; and 2548/1994 of 29 December. The statutory minimum wage is enough to satisfy both the needs of the individual and the family, and it is particularly favourable to those income groups with relatively weak bargaining power. The Workers' Statute which was approved by Legislative Decree No. 1/95 of 24 March prescribes leave periods, the duration of the normal working day and other conditions of work which apply to all enterprises, regardless of their ownership and size. Wages and working conditions are also determined through collective bargaining. The General Union of Workers reports that MNEs in Spain pay wages that are around the average national wage. In some cases the wages exceed this. Benefits and working conditions in MNEs are usually better than those in other enterprises. This may be attributed to company policies, and practices which may be transposed from the home country. On the whole, there are no special measures for encouraging MNEs to locate in less developed areas. There are a few government programmes under which fiscal and other economic advantages are offered to encourage both national and multinational enterprises to invest in specific areas.

The Government of Sri Lanka states that wages, benefits and conditions of work in MNEs are generally more favourable than those in comparable local enterprises. As part of its strategy to provide employment for people in less developed areas, the location of factories has been decentralized. The Board of Investment of Sri Lanka has assumed responsibility for investment throughout the country. The Employers' Federation of Ceylon, referring to MNEs that belong to its organization, reports that wages, benefits and working conditions in MNEs in Sri Lanka are generally fixed through collective bargaining, and are of a higher standard than those prescribed by law. The Lanka Jathika Estate Workers' Union notes that apart from the minimum wages fixed by the Wages Board that cover some categories of workers in MNEs in Sri Lanka, there appear to be no other standards which govern wages in these enterprises. Certain MNEs that are in a position to offer better pay, tend none the less to stick to the statutory minimum wage.

The Government of Swaziland states that wages, benefits and conditions of work offered by most MNEs are more favourable than those offered by comparable national employers. They generally exceed the minima prescribed under the Wages Regulation Order. In other industries such as agriculture and forestry, workers are provided with basic amenities such as housing, medical care and food. Staff of the Labour Commissioner's Office carry out regular inspections to make sure that the amenities are in accordance with the provisions of the relevant ILO Conventions ratified by the country. The Government is considering the introduction of a national minimum wage, and a 1995 study in this regard was carried out with the assistance of the ILO.

The Government of Sweden reports that wages in foreign-owned MNEs in mining and manufacturing are generally higher than those in comparable local enterprises -- around 8 or 9 per cent in 1992 and 1993 (calculated from data in table in report). The Swedish Employers' Confederation and the Federation of Swedish Industries state that they have nothing new to add to the Government's report.

The Central Union of Swiss Employers' Associations indicates that wages paid by MNEs are comparable to those paid by national enterprises. On the whole, large enterprises, many of which are MNEs, offer better wages than smaller establishments. By law, work permits for foreigners may only be granted if the employer offers remuneration and working conditions comparable to those granted to Swiss nationals holding similar positions. Under the Bonny Order, measures are to be adopted to support economically less developed regions. Some of these may facilitate the establishment of MNEs. According to the Federation of Commerce, Transport and Food Industries Workers' Union, wages in national and multinational enterprises in Switzerland are comparable and national collective agreements (e.g. in the chocolate/confectionery industry) apply to all enterprises regardless of their ownership.

The Government of the Syrian Arab Republic indicates that, in principle, MNEs offer good wages, benefits and conditions of work. While there have been no measures to enable less developed areas to benefit from MNEs' activities, these areas do gain advantages from the activities of MNEs operating there. The Chamber of Industry shares the views of the Government of the Syrian Arab Republic, but does not state whether less developed areas benefit from the presence of MNEs.

The Government of Thailand supports the principles of the Declaration with regard to wages, benefits and conditions of work. No new measures of the kind referred to in question (2) have been adopted.

The Government of Trinidad and Tobago reports that since the country's experience with MNEs is very limited, its reply focuses on wages, benefits and conditions of work in MNEs operating under the terms of the Free Zone Act No. 33 of 1995. Remuneration and working conditions in these companies compare favourably with those in enterprises outside of the free zone. While there are no specific measures adopted to enable lower income groups or less developed areas to benefit from the activities of MNEs, lower-income groups benefit from the spin-off activities. The Employers' Consultative Association of Trinidad and Tobago indicates that wages, benefits and conditions of work offered by MNEs are within local norms and that it is not aware of any new measures adopted by the Government to help low-income groups and less developed areas.

According to the Government of Tunisia, the national legislation relating to wages and working conditions applies to all enterprises, including MNEs. However, the standards observed by those multinationals which operate on a permanent basis in the country differ from those applied by MNEs working on projects for specific periods (e.g. major public works). The former offer better wages, benefits, working conditions and amenities than comparable local companies. They have better structures for labour-management consultation, and also have annual profit-sharing schemes. Their policies and practices are closely followed by the parent company. In contrast, the standards applied by MNEs involved in projects of limited duration are sometimes even lower than those in comparable local enterprises. They pay the guaranteed minimum wage only, working conditions are unsatisfactory, and adequate medical coverage is not provided. Workers have no representation and arrangements for social dialogue are not effective. According to the Tunisian Confederation of Industry, Trade and Handicrafts, MNEs offer wages, benefits and conditions of work compatible with the national social legislation. Both national and multinational enterprises are encouraged by the Government to establish businesses in less developed areas of the country.

The Government of Turkey states that wages, benefits and conditions of work in MNEs are no less favourable than those offered by other employers. MNEs make an important contribution to conditions of work and life. They provide above-average wages, and working conditions are in line with the Government's policies. They provide workers with basic amenities such as medical care, housing allowances, food and transport. There have been no new measures to enable lower income groups and less developed areas to benefit from MNEs' activities. According to the Turkish Confederation of Employer Associations, MNEs are subject to the same labour laws as domestic enterprises. The Confederation of Turkish Trade Unions notes that wages, benefits and conditions of work in MNEs are not less favourable than those in other enterprises. It confirms that no new measures have been adopted by the Government to allow lower income groups to benefit from MNEs' operations.

Wages, benefits and conditions of employment are agreed between employers and workers, or their representatives in all enterprises, states the Government of the United Kingdom. There is no government intervention, provided that there is no discrimination based on sex, race or trade union affiliation. Government is of the view that interference in these matters would be "neither practicable nor desirable" since it would increase the costs to employers and have adverse effects on job opportunities. Research by the OECD has shown that MNEs in the UK pay higher wages and offer more stable employment than other enterprises. However, the Government points out that factors such as the size of operations, type of industrial activity and the concentration of MNEs in certain sectors have a significant bearing on these results. Subject to strict conditions, "regional selective assistance" is offered to attract investment and create jobs in regions with high levels of unemployment. Inward investment and employment in disadvantaged regions are promoted through regional development organizations, but these initiatives do not constitute "special incentives" as understood in paragraph 45 of the Tripartite Declaration. Wages and benefits in MNEs reflect market conditions, reports the Confederation of British Industry. Like other large companies in the UK, many MNEs pay above-average wages to workers in certain occupational categories.

The Government states that in general, there are no significant differences between the wages, benefits and conditions of work offered by MNEs and those offered by other comparable enterprises in the United States. All enterprises are subject to the same laws pertaining to occupational health and safety, minimum wages and collective bargaining. By virtue of the operation of the free labour market, it is assumed that both domestic and foreign firms in the US offer competitive wages and benefits in order to attract and retain employees. Investment incentives should be carefully limited to avoid distorting the efficient allocation of investment resources, adversely affecting the industry and trade of other countries and wasting government revenues. There are certain federal and state programmes to encourage investment in disadvantaged regions. While such programmes are important at the local level, they concern only a small percentage of total investment and do not constitute a significant exception to the US policy of limiting investment incentives so as to avoid market distortions.

The Government of Uruguay states that wages and salaries are determined by collective agreements which apply to individual enterprises or to different branches of economic activity. The national minimum wage must be respected. Uruguay has signed agreements with different countries (e.g. Argentina and Brazil) enabling workers to be covered by the social security system of their home country, during the time that they work in the other country, up to a maximum period of 12 months. The Free Zones Act of 17 December 1987 requires that 75 per cent of workers in enterprises in the zones be citizens of Uruguay. As regards foreign workers, Decree No. 454/88 of 8 July 1988 states that they decide whether or not they wish to have social security coverage in the host country. As regards question (2), no measures have been adopted.

The Government reports that wages, benefits and working conditions in MNEs in Venezuela are generally much better than those offered by other employers. No measures have been adopted to enable lower income groups and less developed areas to benefit from the activities of MNEs. The Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations (FEDECAMARAS) states that the majority of MNEs surveyed have been found to offer better benefits and working conditions than comparable national enterprises and the public sector. In many cases workers in MNEs are paid as much as four times more than their counterparts in other companies, and other benefits such as medical assistance are also provided to family members. FEDECAMARAS believes that governments should give special incentives, including the provision of utilities and infrastructure, to encourage MNEs to set up business in less developed regions.

The Government reports that since Zambia does not have an official poverty line (i.e. the minimum income level needed to satisfy basic needs) it has not fixed a statutory minimum wage. Wages are determined through collective bargaining and on the basis of the employer's ability to pay. Working conditions are negotiated, taking into account the relevant national labour laws. According to the available information, a number of MNEs offer wages and working conditions that are not less favourable than those contained in the National Joint Council collective agreements covering various industries, and those prescribed by the Minister of Labour and Social Security in keeping with the Minimum Wages and Conditions of Employment Act No. 28 of 1982. Because of its commitment to the principle of free collective bargaining, the Government has not adopted any new special measures to enable lower income groups and less developed areas to benefit from MNEs' activities, in terms of conditions of work and life.

The Government of Zimbabwe states that MNEs usually offer wages and benefits which are in keeping with the terms of collective agreements, while some offer wages which are above the minimum stipulated in the agreements. MNEs are being encouraged to invest in rural areas, especially in the designated "growth points". The Employers' Confederation of Zimbabwe states that wages, benefits and conditions of work offered by MNEs are generally comparable with those offered by national enterprises, with some MNEs offering better conditions. Conditions of work are the subject of collective bargaining and the labour legislation prohibits employers from offering conditions that are less favourable than those stipulated by law. The Government is encouraging investment in certain areas identified as "growth points" and to this end, the infrastructure in these areas is being upgraded.

Safety and health (Paragraphs 36-39)

(1) Are the principles embodied in Conventions Nos. 119, 115, 136, 139 and Recommendations Nos. 118, 114, 144 and 147 applied in the country, by all concerned, to the greatest extent possible?

(2) Do multinational enterprises:

(3) Do MNEs cooperate with the competent safety and health authorities, established safety and health organizations and representatives of the workers and their organizations? Are safety and health matters incorporated in agreements signed between workers and MNEs?

(4) Please comment on the cooperation, if any, between national and multinational enterprises in the country and the competent international organizations in the preparation and adoption of international safety and health standards?

The Government of Antigua and Barbuda reports that the principles embodied in the Conventions and Recommendations mentioned are generally applied and that MNEs maintain the highest OSH standards in line with national requirements. They do not make available information on OSH standards observed in other countries. The Government does not know whether MNEs make known special hazards and related protective measures associated with new products and processes. However, training in this field is generally provided. As regards safety and health hazards, MNEs apply remedial measures at the Government's request. There has been cooperation in the preparation and adoption of international safety and health standards.

The Government of Argentina states that the country has not ratified Convention No. 119, even though some of the principles contained in Convention No. 119 and Recommendation No. 118 are reflected in Chapter 15 of the national legislation on health and safety at work (Decree 351/79), which must be respected by all enterprises. The National Atomic Energy Committee (Comisión Nacional de Energía Atómica) is responsible for supervising the application of Convention No. 115 which has been ratified and Recommendation No. 114. While Convention No. 136 has not been ratified, the requirements concerning medical examinations and provisions regarding exposure to benzene are set out in Decree 351/79. They were updated in resolution No. 444 of 1991. Convention No. 139 has been ratified. However, the provisions of this instrument and Recommendation No. 147 are promoted by the National Health and Safety Authority within the Ministry of Labour and Social Security. They were incorporated in the first Regulation concerning carcinogenic substances and agents (1989) which has been revised over the years. The most recent revision was in January 1995 (Regulation DNSST 01/95). On the whole MNEs must apply the OSH standards of the parent company when these are higher than those prescribed by the national legislation. They generally observe national safety and health norms. Some issue manuals setting out standards which are often formulated by the parent company. On the whole, the focus is mainly on avoiding major accidents and hazards and much less on the indirect effects of hazards inherent in the workplace. By virtue of their better access to information, and their resources, MNEs make an important contribution in detecting the causes of hazards and taking measures to prevent them. Through the Argentine Industrial Union (Unión Industrial Argentina), MNEs cooperate with the competent health and safety authorities as well as workers' representatives and their organizations. Act 24557 concerning Hazards at Work was passed on 3 October 1995 and there is a tripartite Permanent Consultative Committee to deal with OSH matters. OSH-related provisions in collective agreements to which individual enterprises or groups of enterprises are party, tend to differ in scope and content. Some of these provisions make extensive reference to the relevant legislation in force, others either only identify the basic protection to be provided for the worker or call for the setting up of health and safety committees to reduce major accidents. Some agreements make reference to the economic effects of accidents and occupational diseases, and address the question of relocating workers with disabilities. MNEs and domestic enterprises belong to employers' organizations representing different industries as well as the Argentine Industrial Union, which has a health and safety division, and the General Economic Confederation (Confederación General Económica). MNEs are represented in the employers' delegation to the International Labour Conference and participate in meetings organized by the Ministry of Labour and Social Security to adopt various types of OSH-related instruments.

The Government of Australia reports that federal and state OSH legislation applies to all enterprises throughout the country. While Australia has not ratified any of the Conventions mentioned, the principles of most of these instruments are reflected in different OSH laws (e.g. in Queensland, South Australia, New South Wales and the Australian Capital Territory). The National Standard for Plant (December 1993) meets the requirements of Convention No. 119. The National Model Regulations for the Control of Workplace Hazardous Substances, together with the National Code of Practice for the Control of Scheduled Carcinogenic Substances, which are being drawn up, are expected to be in line with Convention No. 139. Ratification of the two aforementioned ILO Conventions is being considered. As regards Conventions Nos. 115 and 136, they have not been identified as "appropriate targets" for ratification because there are doubts as to whether their observance will be compatible with the country's obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women and the Sex Discrimination Act 1984. Enterprises in Queensland comply with the requirements of Convention No. 119 through their application of the Workplace Health and Safety Act 1995 and the Advisory Standard for Plant. It is not possible to determine the extent to which the principles embodied in ILO Conventions Nos. 115 and 136, their related Recommendations and Recommendation No. 118, are applied in Queensland. The Workplace Health and Safety (Hazardous Substances) Compliance Standard 1995 prescribes ways of preventing or minimizing risk from exposure to hazardous substances (including benzene) at the workplace. It is expected that Queensland will comply with Convention No. 139 and Recommendation No. 147 if it adopts the Control of Workplace Hazardous Substances Part 2 -- Scheduled Carcinogenic Substances: National Model Regulations and National Code of Practice. These Model Regulations were released by the National Occupational Health and Safety Commission in October 1995. There is no noticeable difference between the OSH standards observed by MNEs as opposed to local enterprises. In Queensland all companies must comply with Workplace Health and Safety Act 1995, and its related Regulation, which require cooperation with the competent authorities in the investigation of workplace accidents, cooperation in efforts to prohibit hazards and the taking of corrective measures. There is no specific information on whether MNEs in New South Wales cooperate in the preparation and adoption of international OSH standards.

The Government of Austria points out that its reply to the last survey is still applicable. It notes that during the period under review the 1974 Works Constitution Act was amended by the Federal Act concerning Safety and Health Protection at Work (also known as the Workers' Protection Act -- ASchG), BGBI. No. 450/1994. This legislation obliges employers to inform and consult with works councils on OSH matters, including the introduction of new technologies, choice of equipment and material and the determining of working conditions. Austria has not yet ratified Conventions Nos. 115, 119, 136 and 139, but the principles contained in these instruments are applied to the fullest extent possible and reinforced by the relevant Council Directives (of the EU) which are incorporated in the national legislation. Large establishments, which include MNEs, are more likely than SMEs to comply with OSH norms. Since MNEs respect the national laws in this field, there is no reason for them to provide information on those which they observe in other countries. By law, workers, upon assuming their duties, must be informed of occupational hazards and measures taken to prevent them. They must be trained before taking up new activities or using new substances and processes. Thereafter, they must be kept informed either directly or through their representatives, at regular intervals. The information must be easy to understand and, if necessary, documents must be made available at the workplace. Further training must be provided at least once per year. While there are no data on the role played by MNEs in examining occupational hazards, it has been observed that relatively large enterprises are more active in dealing with accident prevention. By law, all employers must keep records of serious and fatal accidents and submit reports if required by the labour inspectorate. Risk assessment procedures and accident prevention measures must be revised following an accident. As from 1 January 1997, all employers regardless of the size of their workforce, will be required to do this by law. MNEs cooperate with labour inspectors, with whom they exchange information about new technologies. Enterprise-level agreements and collective agreements contain provisions dealing with hours of work but not OSH.

The Government reports that the principles contained in the Conventions mentioned are applied in the Bahamas to the greatest extent possible. MNEs maintain the highest OSH standards in keeping with national requirements. In most cases at the request of the unions, they provide information on OSH standards observed in other countries. They also inform those concerned about special hazards and related protective measures, provide training and supply protective clothing. Like comparable domestic enterprises, MNEs play a leading role in examining the causes of occupational hazards and in applying preventive and remedial measures. MNEs cooperate with the competent OSH authorities and representatives of workers' organizations. On the whole, the degree to which OSH matters are incorporated in collective agreements is not always satisfactory. However, there are enterprises in the electricity and high-tech services which include such matters in collective agreements.

The Government of Bangladesh reports that the principles embodied in the Conventions and Recommendations mentioned, are, to the fullest extent possible, respected by national and multinational enterprises. Safety and health standards in MNEs are generally determined by law. Issues relating thereto are discussed in seminars organized by the Government as well as the Bangladesh Employers' Association in collaboration with ILO and other international bodies. The Bangladesh Employers' Association agrees with the Government. It adds that OSH standards observed by MNEs are generally higher than those required by law. Problems relating to safety and health are discussed and resolved in enterprise-level safety and health committees.

According to the Government of Barbados, the principles contained in the instruments mentioned are generally applied wherever possible and, to a certain extent, they are embodied in the national labour legislation which applies to all sectors of the economy. MNEs generally maintain high OSH standards. Enterprises operating within the scope of the Factories Act are subject to routine inspections. It is normal for the management of MNEs to consult and share information with the factory inspectors through the Occupational Safety and Health Committees. Under the Factories Act, employers must inform workers of the dangers and special hazards associated with their work and the precautions that are necessary. Workers must be given adequate training in this regard. Enterprises which are not covered by the legislation are encouraged to apply the principles wherever possible. There is an acceptable level of cooperation on the part of MNEs with the competent safety and health authorities and other relevant entities. OSH matters are incorporated into collective agreements, where they exist. The law requires that safety and health committees be established at the workplace. Cooperation between MNEs, national enterprises and international organizations for the preparation and adoption of international OSH norms takes place through the employers' organization, which is involved in tripartite consultation at the national level. MNEs are not restricted from joining local employers' organizations. The Barbados Employers' Confederation states that to the best of its knowledge MNEs respect the safety and health regulations. The Factories Act prescribes the OSH standards and there are regular factory inspections to ensure that they are duly observed. All enterprises must comply with the legal requirements in the field of safety and health. The Barbados Workers' Union (BWU) notes that while the principles contained in Convention No. 119 are fully applied, those in Conventions Nos. 115, 136 and 139 and the four Recommendations mentioned are not. Some MNEs maintain the highest OSH standards. MNEs do not provide information on relevant OSH standards observed elsewhere, nor do they make known special hazards and related protective measures associated with new products and processes. They do not play a leading role in examining the causes of hazards and in applying preventive measures. However, there is cooperation in OSH matters in enterprises where workers are unionized and collective agreements contain provisions in this regard. Similarly, in enterprises with unionized workers, OSH specialists from unions are invited to carry out audits and train staff. There is cooperation in the setting up of safety committees and in the training of staff at union colleges. The BWU cites the example of a union being asked to assist in an exercise dealing with the safe use of chemicals and the search for less hazardous substitutes for certain chemicals.

The Government of Belgium states that the principles contained in Con-ventions Nos. 115, 119, 136 and 139 and the corresponding Recommendations are implemented through national law. Conventions Nos. 136 and 139 will soon be ratified. Belgian OSH standards are set out in the General Regulation for the protection of work and apply to all enterprises regardless of their nationality or legal status. MNEs, like national companies, are also subject to inspections by the Medical Labour Inspection Services. They are not obliged to inform the competent national authorities about the OSH norms which they observe in other countries. The national norms are of a high level and include, since the last survey, new standards derived from Council Directives (of the EU). The Council Directive adopted on 12 June 1989 is embodied in the Royal Order of 14 September 1992 concerning the improvement of workers' safety and health. This Order obliges employers to adopt measures to prevent occupational hazards, to provide specific training with respect to health and safety when new technologies are introduced and to inform workers about any hazard that can arise both from their individual post and from activities within the enterprise as a whole. Furthermore, each worker must be given adequate training to deal with new hazards as well as information on all hazards at the workplace. Specific attention is paid to pregnant women and nursing mothers. MNEs with extensive experience in a particular aspect of safety and health share this experience with other enterprises operating in the same economic sector. For example, workshops organized for specialists in occupational medicine enable them to exchange views. Publications in the field of OSH are also disseminated. MNEs cooperate easily with the national authorities and are obliged, like all enterprises operating in Belgium, to establish safety and health committees composed of representatives of both employers and employees. Through representatives, they can take part in OSH-related activities by submitting proposals with respect to new regulations. The National Labour Council (Belgium) also refers to the aforementioned Royal Order and adds that a collective agreement regarding parental leave was con-cluded in December 1995. This agreement marks the first concrete collaboration between social actors at the European level. There is also a Royal Order adopted on 8 February 1993 which modifies the Regulation concerning the provision of information to the Commmittee on Safety and Health and Improvement of the Work Environment. Collective agreements do not cover safety and health matters with the exception of clothing to be used at work and/or night work.

Brazil has ratified all the Conventions mentioned, reports the Government. The Department of Occupational Safety and Health promotes the observance of these norms and carries out periodic inspections to ensure compliance. The Jorge Duprat Figueiredo Foundation for Safety and Occupational Medicine (FUNDACENTRO), which has links with the Ministry of Labour, studies safety conditions in various enterprises with the aim of correcting problems that are found to exist in the workplace. Within enterprises, workers are represented on Internal Accident Prevention Committees (CIPAs) and they are protected from any form of interference and reprisal during their term of office. A very small number of enterprises, generally those with large-scale operations, give priority to the application of the international OSH standards mentioned. On the whole MNEs have a good record when it comes to observing national OSH laws and their norms are usually more stringent than those required by the host country. They provide information on the standards applied in other contexts. However, they are not known to disclose information on hazards and protective measures relating to the use of new products and processes, because of concerns about protecting industrial secrets and not providing information that may be used by trade unions. Very few national enterprises show an interest in workers' safety and health. MNEs are therefore the enterprises that are most involved in identifying and rectifying the causes of occupational accidents and diseases. Few collective agreements have provisions dealing with OSH, and wages remain the main subject of collective bargaining. MNEs cooperate with the competent authorities and with workers' and employers' representatives on OSH-related matters and play a leading role in this field. They can enhance this collaboration by upgrading the competence of their technical staff in this area, through further training in major international research centres. The Single Central Organization of Workers (CUT) states that none of the instruments cited are fully applied in Brazil. Workers do not take part in consultations and other OSH-related activities and the International Accident Prevention Committees (CIPAs) are "under the control of the enterprises". Workers are not supplied with information about hazards relating to the use of new products and processes. Agreements containing provisions on safety and health have been concluded for metalworkers and chemical workers after "thorny" negotiations. The CUT is of the view that there is need for an exchange and wide dissemination of information on experiences in the field of safety and health in different regions (e.g. the European Union) and it suggests that such dissemination of information could take place through the holding of joint ILO-WHO seminars at the national and international levels.

The Government reports that Cambodia has not yet ratified the instruments mentioned and that MNEs must apply the provisions of the Labour Code concerning OSH matters. Whereas MNEs do not make available information on OSH standards that they observe elsewhere, they do make known the special hazards that workers are exposed to during working time. Like national enterprises, MNEs play a leading role in examining the causes of OSH hazards and in applying corrective and preventive measures. Moreover, they cooperate with the Department of Occupational Medicine which is responsible for inspections. As workers' organizations are non-existent, there are no collective agreements containing provisions on OSH matters. There is no cooperation between MNEs and the competent organizations with regard to preparing and adopting international OSH standards.

The principles contained in the instruments mentioned are fully applied in Canada, reports the Government, and the replies to the previous surveys are still of relevance. As regards the Province of Alberta, MNEs usually have the best record when it comes to OSH standards and their initiatives often surpass the legal requirements. They have been able to adapt their policies and practices to prevailing local conditions and often play a leading role in industry associations, educational programmes and community activities for improving safety and health standards both at the workplace and in the wider community. Within the framework of Alberta's Partnership Programme, large enterprises cooperate with local contractors and subcontractors to develop and ameliorate their OSH programmes. MNEs are working with the Government of the Province to elaborate bidding requirements which take into account the OSH records and programmes of contractors as well as the carrying out of self-audits and third-party audits of safety and health conditions in enterprises. MNEs participate in the review of draft regulations and norms, in tripartite deliberations on new standards and in the activities of international organizations involved in safety and health-related matters. They take into account their global experience, assume a leading role in the field of OSH and are proactive in sharing their international experience with government, other companies, industry associations and local communities. The Government of the Province of Quebec reiterates that the national OSH legislation applies to all enterprises, including MNEs. Since 1992, certain OSH regulations have been amended. These include the Regulation on the Quality of the Working Environment (RQMT), the Regulation on Health and Safety in Mines (RSSTM) and the Regulation on Industrial and Commercial Establishments (REIC). The RSSTM makes the standards appropriate for dealing with new technological developments and practices, and offers greater protection than ILO standards in this regard. A consensus among employers and workers is necessary for revising OSH regulations and there are permanent mechanisms for bipartite consultations in order to update the aforementioned regulations, as well as others such as the Safety Code for Construction Works.

The Government indicates that Chad has not yet ratified Conventions Nos. 119, 115, 136 and 139. However, through its labour inspection service, it ensures that all enterprises apply adequate standards. Enterprises adapt their own OSH standards to local social and cultural conditions, depending on their contractual arrangements with certain workers. The labour inspectors always refer to the ILO's codes of practice and guides when carrying out their duties. Since Chad has not laid down its own OSH standards it cannot demand that enterprises observe "the highest standards" of safety and health. It also cannot ask them to inform workers and their representatives of the standards observed in other countries, nor can it demand that they make known special risks and protective measures. It also cannot ask them to play a leading role in examining the causes of OSH hazards and in applying corrective and preventive measures. There is no cooperation between MNEs and the social partners in the host country.

The Government of Chile says that its replies to the fifth survey concerning these paragraphs are still applicable. It notes that OSH standards are set out in the Health Code (Book Three), the Labour Code (sections 184-211, 153-157) and Act No. 16.744 of 1968 concerning Occupational Accidents and Diseases. There are also a number of Presidential Decrees to approve regulations of either general application or relating to specific industries. These cover: radiation; industrial health and safety; the prevention of occupational hazards; the setting up and functioning of bipartite health and safety committees at the workplace; the construction and handling of bond timber; the authorization of institutions, laboratories and establishments which inspect and attest to the quality of measures taken to protect workers against occupational hazards; setting norms and requirements for the protection of staff against OSH hazards; basic sanitary and environmental conditions at the workplace; setting special norms for experts in the prevention of hazards in mining; boilers and steam generators; permissible noise levels emanating from fixed sources; safety in mining; and Legislative Decree No. 2.222 of 1978 concerning safety in navigation. In 1995, a law (unspecified) was passed enabling workers who carry out laborious tasks to take early retirement. All national laws are in line with ILO instruments. The proposed reforms to the Labour Administration are intended to broaden the scope and effectiveness of its activities, including in the area of OSH. As regards MNEs, most of them observe higher standards than national enterprises. In keeping with section 21 of Presidential Decree No. 40 of 1969, employers must inform workers of occupational hazards, the substances and products they use in their specific jobs, the precautions to be taken and the preventive measures being applied to reduce the risks. MNEs do not as a general practice inform the authorities of the standards applied in other countries. They do participate in the standard-setting activities of international institutions, if requested, and like other companies, they cooperate with the competent authorities in this regard. The bipartite safety and health committees facilitate labour-management collaboration in OSH matters.

Colombia has ratified Convention No. 136, reports the Government. There are OSH laws which must be applied by all enterprises, including MNEs. Act 100 of 1993 instituted a scheme to which all enterprises must be affiliated, and which has as its principal objective, the protection of workers' health. There is a tripartite National Council of Occupational Hazards (Consejo Nacional de Riesgos Profesionales). There are regular inspections to monitor the application of those standards and sanctions are imposed on those who do not respect them. MNEs supply workers' and employers' organizations and the competent authorities with information on relevant OSH standards observed in other countries. They make known special hazards and related protective measures associated with new products and processes, through the occupational health programmes and suggest new ways of improving safety and health at the workplace. They cooperate with the competent authorities through safety committees. Nothing prevents MNEs and national enterprises from cooperating with international organizations in the preparation and adoption of OSH standards. Great strides have been made at the national level through their involvement in organizations such as the Colombian Safety Council (Consejo Colombiano de Seguridad). The National Association of Manufacturers makes the same observations as the Government and adds that all enterprises in Colombia must provide statistics on occupational accidents and diseases, indicating in each case the seriousness of the hazards and the frequency with which they occur. Some collective agreements contain provisions relating to safety and health at work. The General Confederation of Democratic Workers says that OSH standards are not fully respected in Colombia. This may be due to the unawareness of workers, the lack of divisions to deal with OSH matters in enterprises or the failure of those responsible for setting up such divisions. Information on OSH standards observed in other countries is made available by some MNEs. Not all multinationals make known special hazards and related protective measures associated with new products and processes. As regards the examination of causes of safety and health hazards and cooperation with OSH authorities, MNEs generally comply with the general requirements. On the whole, there are no workers' organizations in MNEs. In exceptional cases where there is trade union representation, and agreements are concluded between unions and managements, OSH matters may be covered by such agreements.

The Government reports that, with the social partners in Costa Rica, it takes all the necessary measures to apply the ILO Conventions and Recommendations mentioned. MNEs maintain the highest OSH standards in accordance with national requirements and they provide all those concerned with information on relevant standards observed in other countries. Through the bipartite Occupational Health Committees which exist in all workplaces, as well as through the workers' organizations, MNEs inform all those concerned of the special hazards and related protective measures associated with the use of new products and processes. They have very good occupational health programmes and cooperate very well with the OSH authorities in examining the causes of hazards and applying corrective and preventive measures. There is cooperation between MNEs, the competent authorities, OSH organizations, workers' representatives and workers' organizations. Moreover, OSH matters are covered in collective agreements.

The Government of the Czech Republic states that Conventions Nos. 115, 136 and 139 have been ratified and that the national standards are in conformity with these norms as well as those contained in Convention No. 119. MNEs maintain the highest OSH standards in accordance with statutory requirements. They inform workers of OSH standards relevant to the company's operations and of the norms applied in other countries. This information is provided to government authorities and employers' organizations through seminars and meetings. Under section 133 of the Labour Code, employees must be informed of special occupational hazards and related protective measures. Inspections of MNEs have shown that these requirements are respected and most have set up special safety and health departments, charged with identifying new hazards and proposing suitable protective measures. Cooperation between MNEs and the competent OSH authorities has been satisfactory, with the former sometimes asking the authorities to examine their approach to OSH matters. The Czech and Moravian Chamber of Trade Unions explains that a system of health protection and safety at work was established by the State under the previous system of government. The entry of MNEs has influenced reforms in this area, resulting in a more decentralized approach to OSH issues. Improved organizational methods, new technologies and quality control in manufacturing have had positive effects on OSH. Conventions Nos. 115 and 118 have been ratified and are generally observed by MNEs. Those in the chemical industry offer a good example of this. While there has been no marked violation of standards, certain MNEs take advantage of regulatory and legislative differences, especially when those of the host country are less stringent -- e.g. as regards the use of toluene-based solvents in the glass industry. Efforts to introduce measures for dealing with this problem have so far been futile. MNEs do not usually supply unions with information on OSH standards, unless asked to do so. The regularity and training of temporary workers in MNEs, as regards OSH, vary according to sector, but are generally good. MNEs tend to be more careful and thorough than domestic enterprises in examining occupational hazards, especially in high-risk industries. OSH matters are covered in "higher level collective agreements" and "company collective agreements". During the negotiation process, unions make a valuable contribution in ensuring the protection of workers' rights. Cooperation between national and multinational enterprises and the competent international organizations exists in several sectors -- e.g. in 1995 the Chemical Industry Association launched a programme called "Responsible Business in Chemistry" and the chemical industry union takes part in many such activities.

The Dominica Employers' Federation (DEF) does not have the information necessary for assessing the degree of observance of the instruments mentioned. A number of MNEs have high OSH standards. These may be based on those observed in operations in other countries or they may reflect an interest in demonstrating "good corporate citizenship". However, "others sometimes challenge national OSH legislation". The DEF is not aware whether information on relevant standards observed elsewhere is made known. Where information is requested by the Labour Division or by a bargaining agent for the purpose of collective bargaining, it is not withheld unreasonably. MNEs, like other enterprises, have a legal obligation to play a leading role in examining the causes of occupational hazards and applying remedial and preventive measures.

According to the Government of Ecuador, the Regulation concerning safety and health at work is issued by the Ecuadorian Social Security Institute (Instituto Ecuatoriano de Seguridad Social). The activities of the Department of Occupational Hazards, the Industrial Safety Committees and the Departments of Industrial Safety are in line with this Regulation, which must be respected by all enterprises. Tripartite involvement in OSH matters as well as the establishment of mechanisms for coordinating the activities of different institutions, are made possible under the Regulation concerning Workers' Safety and Health and Improvement of the Environment at the Workplace (Reglamento de Seguridad y Salud de los Trabajadores y Mejoramiento del Medio Ambiente de Trabajo). All enterprises are subject to labour inspection. Those with advanced technologies and considerable financial resources are generally expected to observe better OSH standards and to apply the superior norms which they observe in other parts of the world. There is a high level of cooperation between foreign enterprises and national authorities. In fact, their conduct tends to be exemplary in this regard. Like national enterprises, they generally include OSH matters in collective agreements. By way of example, the Government refers to the collective agreement concluded between the major food and drink MNE (named) and its workers in Ecuador, which contains provisions relating to the provision of medical facilities at the workplace, uniforms, protective gear and OSH courses for members of the Safety and Health Committee (copy of agreement attached).

The Government of Egypt states that the principles contained in the instruments mentioned are applied to the extent that they are incorporated in the national legislation. MNEs maintain the highest OSH standards in accordance with national requirements and, upon request, they inform workers' representatives as well as workers' and employers' organizations about the OSH standards they observe elsewhere. They inform workers about special hazards before they start work and train them to use the necessary machinery. They play a leading role in examining the causes of OSH hazards and applying remedial and preventive measures. They cooperate with the competent OSH authorities, workers' representatives and organizations. OSH matters are included in collective agreements and multinationals cooperate with international organizations with regard to training, raising awareness of major OSH matters and supplying OSH statistics. According to information provided by the Federation of Egyptian Industries, enterprises in the pharmaceutical and metal trades (named) maintain the highest OSH standards in accordance with national requirements, and make available information on OSH standards that they observe elsewhere. Some pharmaceutical companies supply information related to their products. Others discuss OSH matters regularly in their safety committees, distribute relevant documentation to the staff and display certain OSH-related information on notice-boards. There are cases of pharmaceutical enterprises that train workers to deal with, and protect themselves against occupational hazards. They raise awareness by providing information on production processes, and apply strict measures to ensure that machinery and equipment are safe. Certain companies apply the standards of the home country, provided that they are not less stringent than the national requirements. In addition, they comply with the provisions of Act No. 4 of 1994 on environmental protection, e.g. non-disposal of harmful wastes in the sewerage system. Certain enterprises in the metal trades make known to the competent authorities special hazards and protective measures associated with the use of new products, while others inform and instruct their staff on OSH matters, provide protective measures, and cooperate with safety bodies and workers' representatives. There are examples of pharmaceutical and metal trade enterprises (named) that play a leading role in examining OSH matters and implementing remedial and preventive measures. They cooperate with the competent OSH authorities, workers' representatives and organizations, and include OSH matters in collective agreements.

The Government reports that though Estonia has not ratified Conventions Nos. 115, 119, 136 and 139, the principles and standards of these instruments and their corresponding Recommendations are respected. Health and safety in MNEs are sometimes better than in comparable national enterprises. MNEs provide information on relevant OSH standards to workers' representatives, workers' and employers' organizations, and the competent authorities, in the same way as other enterprises do. The main problems in the field of health and safety do not arise from lack of information. MNEs have always incorporated safety and health matters in collective agreements. Estonia's role in the preparation and adoption of international labour standards has been rather limited.

The Ethiopian Government replies in the affirmative to the first three questions and adds that MNEs carry out training programmes specifically associated with the use of new technologies and production processes. Many OSH matters are incorporated in collective agreements. Cooperation between MNEs and national enterprises in the preparation and adoption of international OSH standards is not yet developed.

The Government of Finland confirms that Conventions Nos. 115, 119, 136 and 139 have been ratified, and Government Decisions (1314/94 and 1403/93) concerning the safety of machinery and safe use of tools were issued during the period under review. As a result of these, several Government Decisions on individual machines or equipment have been repealed. There is comprehensive national OSH legislation which includes provisions concerning the informing of workers, labour-management cooperation on OSH matters, the arranging of occupational health services and labour inspection. It applies to MNEs as well as to national enterprises. The Labour Protection Act stipulates that employers must give workers guidance and training for the prevention of occupational accidents and hazards. The legislation also specifies the content of information to be given to workers. It states that work which might entail risks of accident, illness or danger of fire may not, even temporarily, be carried out by persons other than those with the necessary competence to do such work or those who are supervised by such persons. These provisions also apply to MNEs. The central employers' and workers' organizations have concluded agreements on safety and health. Enterprise-level arrangements are also possible since the law allows employers, workers and/or their representatives to agree on the modalities for cooperation as required by law, in a manner best suited to conditions in the workplace. However, workers must have the possibility of dealing with OSH matters as required by the legislation. These provisions apply also to MNEs, which like other enterprises, may join employers' organizations and participate in standard-setting activities, which take place at a tripartite level. Statements and preparatory legislative work concerning international labour standards are prepared in the tripartite national ILO Committee. Representatives of enterprises may, in their capacity as experts in the Committee, make known the experiences of individual enterprises. The Confederation of Finnish Industry and Employers and the Employers' Confederation of Service Industries report that Finland has ratified the Conventions in question, and the principles outlined in the Recommendations mentioned are also taken into account. MNEs apply high standards of safety and health in accordance with national legislation, and to some extent they draw on their knowledge and experience gained in other countries. MNEs participate on an equal footing with domestic enterprises in OSH-related activities at the local and international levels. The Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) note that occupational health and safety services are provided by MNEs. In the chemical industry, working conditions and the environment are given special attention in those enterprises which have a "Responsible Care" programme. Workers would like to see the improvement of working conditions and environ-mental issues accorded the same importance as performance-related pay systems.

The National Council of French Employers states that the national OSH legislation applies to all enterprises, including MNEs. Initiatives for improving regulations relating to various aspects of OSH always take into account the work carried out by international organizations. The social partners act in accordance with the OSH policy elaborated within the framework of the higher council for the prevention of occupational hazards. They also deal with OSH matters in safety committees, which by law, must be set up in enterprises with at least 50 workers. Safety and health at work is a field in which there are many complex and burdensome EU regulations to which the national laws have had to be adapted, sometimes with great difficulty.

The Government indicates that Gabon has not ratified Conventions Nos. 119, 115, 136 and 139. However, the new Labour Code (Title IV, sections 196-229) regulates the general OSH standards, which are applied to the fullest extent possible. However, there is a problem of environmental pollution. National legislation requires that MNEs make information on the standards observed in other countries available to workers and their representatives. There is a Commission which grants approval for the importation of machinery. Special hazards and related protective measures are made known through leaflets issued by the information or safety division. The Government cites the example of a mining company (name given) which has such a service. MNEs play a leading role in examining OSH standards and applying both remedial and preventive measures. OSH matters are incorporated in internal company regulations and displayed in a place accessible to all workers. With regard to international OSH standards, cooperation between national and multinational enterprises as well as the competent international organizations takes place through the dissemination of the texts of new instruments for discussion, prior to their adoption by the International Labour Conference of the ILO. The Gabonese Confederation of Free Trade Unions observes that while the principles contained in the Conventions and corresponding Recommendations are complied with, workers have not been provided with comparative information on OSH standards observed by MNEs in other countries.

The report to the fourth survey is still applicable, according to the Government of Germany. It notes that the Machine Safety Act was amended on 23 October 1992 and regulations were issued to harmonize different legal requirements concerning the use of machinery and other equipment.

The Government of Greece notes that OSH legislation, regulations and inspections to ensure their effective implementation are applicable to both national and multinational enterprises. OSH regulations and, more generally, regulations for the improvement of working conditions, are applied by the parties concerned. Inspectors have a mandate to visit all enterprises to check working conditions, suggest improvements to be made, investigate cases of occupational accidents and diseases as well as impose sanctions. These are in line with Conventions Nos. 115 and 136 which have been ratified. Legislation in force satisfactorily covers nearly all the provisions contained in Convention No. 119 even though it has not been ratified. Greece has not ratified Convention No. 139, but its principles are to a large extent covered by existing national laws. MNEs apply the highest OSH standards and make available any information that the competent authorities may ask for. By law, all employers must, upon request, provide information to the competent inspection authorities and industrial physicians on the processes and the materials used which have a bearing on workers' health and inform employees about special hazards associated with their work. The Government emphasizes that no distinction is made between national enterprises and MNEs, and all employers must adopt appropriate measures to insure workers and third persons at the workplace against major hazards which may threaten their health and physical well-being. As for enterprises with more than 150 workers, the employer must engage the services of competent safety experts and industrial physicians for carrying out inspections and giving advice with respect to the planning, building, maintenance and use of installations, and the provision of adequate protective measures. These requirements will ultimately apply to all enterprises, regardless of their size. MNEs and the competent authorities cooperate in this field and OSH matters are included in all collective agreements. Cooperation between enterprises and international organizations is successfully realized through workers' organizations which participate in the adoption of international OSH standards. Enterprises also make an important contribution to shaping the opinions of government authorities with regard to draft texts on international standards. This is made possible through their participation in the Higher National Council on Occupational Safety and Health (Conseil National Supérieur de Securité et d'Hygiène du Travail). This is a consultative body within the Labour Ministry that brings together representatives of Government, employers and workers as well as scientific experts and others involved in related fields of activity.

The Government reports that the principles embodied in the relevant safety and health Conventions and Recommendations are applied in Grenada. MNEs maintain the highest standards of safety and health and provide, on request, information on standards they observe in other countries. However, they do not make known to those concerned, the special hazards and appropriate protective measures associated with new products and processes. MNEs do not play a leading role in examining the causes of safety and health hazards and in applying remedial and preventive measures. They cooperate with all concerned in safety and health matters which are covered in agreements with workers. Attached to the Government's report are excerpts of a collective agreement which provides for the provision of safety gear to workers, the payment of compensation in cases of accidents (under an ex-gratia scheme) and the setting up of a five-member Health and Safety Committee on which the union will have two representatives, at least one of whom must be employed by the company.

The Government confirms that Hungary has ratified Conventions Nos. 115, 136 and 139 and applies the basic principles of Recommendations Nos. 118, 114, 144 and 147 which are enforced by ministerial decrees. Certain decrees are being reviewed to take into consideration the underlying principles of these Conventions and Recommendations. They cover, inter alia, the general requirements for promoting safe work and healthy working conditions; limits on (daily and hourly) exposure to specific health hazards; medical examinations; the notification and examination of occupational diseases, and increased exposure to health hazards. Act No. XCIII of 1993, which came into force in January 1994, and OSH regula-tions published in August 1994, stipulate that healthy and safe working conditions should be ensured by all employers. In the absence of OSH-specific surveys on MNEs, there is no information regarding the compliance of these enterprises with OSH regulations. The establishment of an employment health service in accord-ance with ILO requirements, is expected to facilitate the collection of such information. A "significant proportion" of MNEs comply fully with the OSH regulations. Some meet the minimum standards, while a few, especially in the field of construction, violate them altogether. In most cases, MNEs inform workers about the relevant technology-related regulations in force in other countries. This is communicated through educational programmes, exchange of information on experiences, and temporary attachments to the parent company. MNEs in the chemical industry generally provide manuals containing information on the regulations in force in other countries and apply international standards. Very rarely have MNEs refused to make the OSH regulations in force in other countries available to the Labour Safety Inspector. There is no information to determine whether workers' representatives, or employers' or workers' organiza-tions are provided with or have access to such information. Most MNEs inform workers of hazards connected with the production process and take precautionary measures to avoid occupational accidents. Some have also examined the causes and effects of serious accidents which occurred at the parent company, published the findings, and taken further precautionary measures to prevent similar accidents from occurring. In the event of an accident, they usually cooperate fully with safety officials in the investigations. MNEs play a more significant role in disclosing the causal relationship between occupational accidents and deficient safety practices. It is typical of the Budapest-based employers to participate, through their associations, in the examination of the causes of accidents, in providing legal solutions and adopting preventative measures. MNEs usually maintain a fair level of cooperation with the competent authorities. Such coopera-tion is usually case-specific and MNEs are usually receptive to the authorities' efforts and comments. The Government is not aware of whether OSH issues are covered under existing labour agreements. Only a few MNEs and national enter-prises maintain relations with relevant international organizations though most are interested in fostering such relations. A few MNEs participate indirectly in the development of international standards through their parent companies. Opportunities for greater involvement by MNEs in the exchange and sharing of information about their experiences exist through the Hungarian Industrial Chambers or other groups. The National Confederation of Hungarian Trade Unions, the National Federation of Workers' Councils and the National Federation of Autonomous Unions say that in most cases, workers' representa-tives are only informed about regulations relating to the way in which material should be handled, when the work is under way. Experiences in this regard, are more favourable in those companies which have been certified to ISO 9000.

The Government replies that in India the provisions of the Conventions and Recommendations mentioned are, by and large, applied. India has not ratified Conventions Nos. 119 and 139 because of difficulties in enforcing their provisions in its large unorganized sector. In order to maintain the highest standards of safety and health, the Factories (Amendment) Act 1987 was promulgated. This contains an exhaustive list of issues relating to safety and health which need to be disclosed to the competent authorities, workers' organizations and the general public. The expertise of MNEs and their relevant global experience in the field of safety and health constitute an advantage that is made use of. Workers must be informed about hazards arising from exposure to or handling of material or substances involved in manufacturing, transport and storage activities, as well as measures to be taken to safeguard workers against possible hazards arising out of new processes and products. MNEs do not, on their own initiative, provide the competent authorities and workers' organizations with information on standards observed in other countries and special hazards and related protective measures associated with new products and processes. The Factories Act and related Rules provide for cooperation between occupiers of all factories, including MNEs, and the competent safety and health authorities. The representatives of workers and their organizations are becoming increasingly aware of the importance of OSH, and sometimes they conclude agreements incorporating these matters. By law, safety officers are employed in factories which either have more than 1,000 workers or are involved in the use of hazardous processes or in dangerous operations. Workers participate in safety committees.

The Government of Indonesia states that the principles embodied in a number of the instruments cited are applied and that MNEs maintain the highest standards of safety and health, though not all of them make available to the concerned bodies, information on relevant OSH standards observed elsewhere. Most MNEs make known the special hazards and related protective measures associated with their products and production processes. Moreover, the existing legislation emphasizes the obligation of management to give explanations on dangerous materials used in production and with regard to the operation of new equipment. MNEs play a leading role in examining the causes of hazards and in applying remedial and protective measures. Through seminars there is cooperation among national enterprises, MNEs, government and the competent international organizations for the preparation and adoption of ILO Conventions.

Ireland ratified Convention No. 139 in 1995 and the standards it embodies are applied by all concerned, states the Government. MNEs maintain high OSH norms in keeping with the national requirements. It is not known whether they supply information on the norms they observe elsewhere, but they do make all those concerned aware of the special hazards and related protective measures associated with the use of new products and processes. Multinationals, like local companies, play a leading role in examining the causes of industrial hazards and in applying corrective and preventive measures. They cooperate with the competent authorities, OSH bodies, workers' representatives and their organizations. Many MNEs, like comparable domestic enterprises, belong to the Irish Business and Employers' Confederation. Like the Irish Congress of Trade Unions and other interested parties, the Confederation is consulted by the National Authority for Occupational Safety and Health when OSH standards are being prepared and/or adopted. The Authority also liaises with the relevant international institutions.

The General Confederation of Industry reports that Italy has ratified the Conventions mentioned and that their principles as well as those of their respective Recommendations are applied. MNEs maintain the highest OSH standards and inform workers' and employers' organizations as well as the competent authorities about relevant OSH standards that they observe elsewhere. Moreover, MNEs make known special hazards and related protective measures to those concerned. Like comparable national enterprises, they play a leading role in examining the causes of OSH hazards. They cooperate with all concerned, including international organizations responsible for the preparation and adoption of international OSH norms.

The Japan Federation of Employers' Associations (NIKKEIREN) refers to the Guidelines for Overseas Direct Investment (Kaigai Tshi Kd Shishin), which call on Japanese MNEs to take into account local circumstances when making decisions relating to working conditions. They are also urged to improve the work environment and OSH.

The Government of Jordan reports that the principles of the ILO instruments mentioned are incorporated in the national legislation. MNEs, like local enterprises, respect national OSH standards. MNEs are free to make available to workers' representatives, trade unions and employers' organizations, information on the OSH norms they apply in other countries. They are required to inform those concerned about special hazards related to the use of products and processes. This is done through lectures and notices displayed at the workplace. The Amman Chamber of Industry (Jordan) replies in the affirmative to the first three questions.

The Government of the Republic of Korea states that the Conventions mentioned have not yet been ratified, but in conformity with the principles of the Declaration various measures have been implemented to promote OSH. These include: the inspection of dangerous equipment; the examination of safety plans for dangerous construction work; raising awareness on OSH issues; and the implementation of prevention plans for major industrial accidents. The Industrial Accident-Free Movement has been in existence since 1979. Its aim is to create safe workplaces. Workers and employers participate in this Movement, which has contributed to a decrease in the number of industrial accidents. A campaign to promote a safe work environment has been launched with tripartite cooperation. The possibility of ratifying the relevant ILO Conventions on OSH is under review. According to the Korea Employers' Federation, the principles of the Conventions mentioned are applied "to a reasonable degree". MNEs conform to national OSH standards. They cooperate in OSH matters with the organizations representing their workers and the issues raised are incorporated in collective agreements. MNEs do not cooperate with other bodies, either at the national or the international levels, in OSH matters.

The Government reports that Kuwait has ratified Conventions Nos. 119 and 136, as well as Labour Inspection Convention No. 81. MNEs apply all OSH standards contained therein, and also the principles of Recommendation No. 118. There are state institutions that supervise the implementation of OSH standards by all enterprises. Regular, surprise inspections of the workplace are carried out. While MNEs maintain the highest OSH standards, they do not provide information about those that they observe elsewhere, nor do they make known special hazards and related protective measures. They cooperate with the competent OSH authorities as well as with employers' and workers' organizations. Moreover, their internal regulations are in conformity with both national and international OSH standards.

The Federation of Luxembourg Manufacturers notes that MNEs are at the forefront of progress when it comes to OSH standards. Relations between MNEs, competent authorities, workers' representatives and organizations are highly developed. Adequate protection against occupational hazards is provided to those concerned. The Confederation of Independent Trade Unions notes that, on the whole, the provisions of these paragraphs are complied with satisfactorily. It would however be useful to have a policy whereby information would be systematically made available on the OSH standards that MNEs apply outside Luxembourg as well as on special hazards and related protective measures, since the practices in this regard differ significantly among enterprises. It should be obligatory to inform shop stewards on these matters, and if necessary, also the members of the joint (labour-management) committee. The information supplied should be standardized.

Malaysia has ratified Convention No. 119, states the Government. Where relevant, the principles of the other Conventions mentioned, but which have not been ratified, have been incorporated into existing OSH legislation. The 1967 Factories and Machinery Act and the 1994 Occupational Safety and Health Act provide the guidelines for national OSH standards. In general, MNEs maintain norms that are in conformity with, and in many instances exceed, the statutory requirements. This is evidenced by the fact that, since its inception, MNEs have won the National Award for Occupational Safety and Health every year. MNEs do not encounter any problems in getting information on the OSH standards that they observe in other countries, and workers' representatives in the National Council for Occupational Safety and Health can request such information. In order to ensure safety and health at the workplace, information is given to employees and those concerned, through the distribution of leaflets, and discussions in the workplace safety and health committees. MNEs, especially in the electronics and oil and gas industries, play a leading role in examining the causes of occupational hazards and in applying both remedial and preventive measures at the workplace. For example, MNEs have responded promptly and positively to requirements for preparing safety reports concerning major hazard installations, in accordance with the OSH regulations in force. Generally, MNEs cooperate fully with the competent authorities, established safety and health organizations and representatives of the workers and their organizations. General provisions on OSH are usually incorporated into agreements between workers and MNEs. The Malaysian Trades Union Congress reports that the principles of the Conventions mentioned are not fully applied. It replies in the negative to all the parts of question (2). As regards question (3), it states that there is not much cooperation on OSH matters and only provisions of a "very general nature" are included in collective agreements.

The General Confederation of Employers of Mauritania states that Mauritania has not ratified Conventions Nos. 115, 119, 136 and 139. Since the country has not attained a degree of development comparable to that reached in industrialized countries, it is not in the position to have the different parties comply with the principles contained in these instruments. National law does not require OSH standards to be of a higher level for MNEs than for national enterprises. MNEs neither provide information on relevant OSH standards that they observe in other countries, nor make special hazards and related protective measures known to those concerned. In addition, MNEs do not play a leading role with respect to examining OSH standards and applying remedial and preventive measures. There is no specific framework for consultations between MNEs and workers' representatives or their organizations. However, the National Council for Work and Employment (Conseil National du Travail et de l'Emploi) may serve this purpose. No information is available on cooperation between national enterprises, MNEs and the competent organizations with respect to the preparation and adoption of international OSH standards. The Free Confederation of Workers of Mauritania (CLTM) reports that the principles contained in the instruments listed are not observed by any of the parties. MNEs and Government "very seldom" apply OSH standards, and the former do not provide the representatives of workers and employers or the competent authorities with information on OSH standards that they observe elsewhere, particularly in developed countries. MNEs do not make known to those concerned the special hazards associated with their products and processes, even if they may be fatal. If their products cause fatalities, MNEs neither admit their responsibility nor compensate the families of the victims. CLTM cites as an example, the case of a company in the gold mining industry (name given). No enterprise, whether national or multinational, plays a role with regard to examining the causes of OSH hazards and applying remedial and preventive measures. In the CLTM's view, neither MNEs nor Government show an interest in OSH matters.

The Government reports that in Mauritius the principles embodied in ILO Conventions and Recommendations have been incorporated to the greatest extent possible in the Occupational Safety, Health and Welfare Act 1988 and the Radioprotection Act enforced by the Ministry of Health. There is absolutely no difference between local and multinational enterprises with regard to the enforcement of safety and health legislation. No major difficulty has been encountered so far to obtain relevant safety and health information on any process carried out in a multinational enterprise. MNEs cooperate with the relevant institutions in the promotion of safety and health at enterprise level. During the last five years there has been no occasion to cooperate with international organizations in the preparation or adoption of OSH standards.

Of the instruments mentioned, Mexico has only ratified Convention No. 115 reports the Government. However, the principles of the other Conventions are incorporated in the General Regulations on Occupational Safety and Health and the 116 Official Mexican Standards issued to date. They are also reflected in national practice. Collective agreements covering workers in the automobile, food and petrochemical industries contain provisions that are in line with the prescribed standards. Section 132 of the Federal Labour Act sets out the obligations of employers in the field of OSH and these correspond to the recommendations contained in the Tripartite Declaration. There are joint safety and health committees through which workers are informed about workplace hazards and preventive measures. MNEs do not as a general practice supply all the information requested on standards observed in other countries. Through their representative organizations, all enterprises, including MNEs, have been able to cooperate in the preparation and adoption of OSH standards at the sectoral, national and international levels. The Mexican Confederation of Chambers of Industry states that the principles of Conventions Nos. 115, 119, 136 and 139 and those of their corresponding Recommendations apply to all enterprises. MNEs, like domestic enterprises, are subject to inspections. Their participation in OSH programmes is noteworthy and they are particularly careful about introducing safety measures at the workplace and preventing hazards. As required by law, MNEs, like workers, are represented in the Joint Safety and Health Committee (Comisión Mixta de Seguridad e Higiene) which deals with promoting safety, preventing accidents and providing training in the field of OSH. The Confederation of Mexican Workers agrees with the Government.

The Government of Myanmar reports that the principles of Conventions Nos. 119, 115 and 136 and those of their corresponding Recommendations, "are applied to some extent". Whereas MNEs maintain reasonable OSH standards, they do not provide information on the standards that they observe elsewhere, nor make known special hazards and related protective measures to those concerned. Moreover, like comparable national enterprises, MNEs do not yet play a leading role in examining the causes of OSH hazards and applying remedial measures. While MNEs cooperate with the competent OSH authorities, e.g. the Factory Inspectorate, they do not conclude agreements covering OSH matters with workers. National and multinational enterprises cooperate with competent international organizations, e.g. the ILO, in the preparation and adoption of international OSH standards through seminars, training workshops and educational programmes.

The Government states that none of the Conventions cited have been ratified by Namibia. However, MNEs in the country maintain the highest standards of safety and health and make available to all concerned relevant information on safety and health norms observed elsewhere. They also make known the special hazards associated with new products and processes, and related protective measures. MNEs play a leading role in examining causes of safety and health hazards and in applying both preventive and remedial measures. They cooperate with the competent safety and health bodies. The Namibian Labour Advisory Council has a Standing Committee on Occupational Health and Safety in which the social partners take part in discussions, cooperate on all issues of mutual concern, and contribute to the promotion of international OSH standards.

The Government of the Netherlands highlights some of the main features of the Working Conditions Act which has been in force since 1 October 1990. The amendments to the Act are based on the provisions of Council Directives (of the EU) on safety and health, as well as national health and welfare policies. A novel feature of the new Act is its coverage of homeworkers. Under section 4 of the Act employers must carry out an inventory and assessment of occupational risks, including those associated with the use of machinery and equipment, substances and preparations, and the design of the workplace. They must elaborate a policy on working conditions on the basis of the inventories and risk assessments. Employers must make use of the assistance of experts in the field of accident prevention and the protection of workers, and enterprises must become "affiliated to a certified safety, health and welfare service" (sections 17 to 21a). An in-house emergency service for employees must be set up in accordance with sections 22 to 23b of the Act. Workers must also be given the opportunity to have periodic medical examinations, with the aim of preventing or limiting occupational risks, as far as possible (section 24a). The notification and recording of occupational accidents and illnesses are required. Self-employed persons must comply with the Act, and so too must persons other than the employer (as specified by law) who take decisions on matters which have a bearing on health and safety at the workplace (sections 27 to 30). As of 1 January 1994, regulations concerning working conditions and the prevention or reduction of sick leave have been harmonized in a bid to combat absenteeism as a result of sickness, which has become a major issue. There is a Policy on Working Conditions and Sickness Absence (copy annexed to report) which contains key points which employers are urged to take into account when formulating and implementing company policy on workers' safety, health and welfare. Employers must consult works councils, or in the absence thereof, the interested employees, on all OSH-related matters, including the "sickness absenteeism policy" and in-house emergency services. Certain companies (belonging to "a category designated by an order in council") are required to formulate an annual safety, health and welfare plan in consultation with the works council. The Federation of Netherlands Industry and Employers agrees with the Government.

New Zealand has not ratified the Conventions mentioned. The Government points out that the 1992 Health and Safety in Employment Act is comprehensive and applies to all workplaces, including MNEs. Under the Act all employers are required to take steps to ensure workers' safety, maintain the prescribed norms, identify hazards at the workplace and afford workers the opportunity to be fully involved in developing procedures for managing workplace hazards and dealing with emergencies. Employers must eliminate significant hazards, and where this is not possible, they must minimize them. Protective clothing and equipment must be supplied and workers' exposure to any given hazard must be monitored. Workers must be informed of hazards and the measures to be taken to protect themselves and others. The legislation in force does not require MNEs to furnish information on the OSH norms they apply in other countries. The Act provides for labour inspection, the issuing of "improvement or prohibition notices" by inspectors and the prosecution of those who violate the law. The Occupational Safety and Health Service of the Department of Labour helps to promote respect for the law by supplying all those concerned with information, and drawing up relevant codes of practice and guidelines. The Government is not aware of the independent activities by MNEs with regard to the OSH-related work of international organizations. The New Zealand Employers' Federation supports the Government's statement.

The principles of the ILO Conventions and Recommendations mentioned are applied in Nicaragua to the fullest extent possible, states the Government. They are also incorporated in the national OSH laws. During the period under review, Act No. 156 concerning Ionizing Radiation (21 April 1993) was enacted and Decree No. 24-93 was issued, to regulate activities connected with the use of radioactive isotopes and related activities. The OSH standards observed by MNEs conform with national requirements. They provide workers, organizations representing the social partners and the competent authorities, with information on OSH standards to be implemented, as well as measures for protecting the health and safety of workers when carrying out their duties. They develop programmes to disclose information on the methods and procedures to be used to improve working conditions and the work environment. MNEs, like national enterprises, play a key role in examining the causes of occupational hazards and applying corrective and preventive measures. They cooperate fully with the competent authorities, organizations concerned with OSH, workers' representatives and trade unions in this field. Collective agreements concluded with MNEs generally contain provisions on health and safety at work. Multinationals, local enterprises and the competent authorities cooperate in the preparation and adoption of international OSH norms.

The Government of Nigeria states that the principles of the various Conventions and Recommendations on safety and health are incorporated in the national legislation. MNEs are therefore required to observe the OSH regulations. They maintain the highest standards in conformity with national requirements. They make available to the competent authorities information on safety and health standards which are used in other countries. Some MNEs make known to those concerned the special hazards and related protective measures associated with the use of new products, through their representatives and through public awareness campaigns. MNEs, to some extent, play a leading role in examining the causes of safety and health hazards and in applying both remedial and preventative measures in a more favourable manner than their domestic counterparts. MNEs cooperate with the competent safety and health authorities, as well as with other concerned parties, for the adoption of international OSH standards. OSH matters are incorporated in agreements between MNEs and workers' organizations. The Nigeria Employers' Consultative Association confirms that the principles of the various ILO Conventions on safety and health ratified by the country are incorporated in national legislation. MNEs are therefore required to observe all rules for the protection of employees from work hazards. The Nigeria Labour Congress points out that Nigeria has not yet ratified the Conventions cited. An attempt was made by Government to apply, through the 1987 Factories Decree (No. 16) and the Workmen's Compensation Decree No. 17, 1987, the principles embodied in the Recommendations mentioned. However, the provisions were contradictory and inadequate. MNEs often do not maintain the highest OSH standards. They do not make available information on relevant OSH norms observed elsewhere and only on occasion do they inform those concerned of the special hazards and related protective measures associated with the use of new products and processes. They do not play a leading role in examining the causes of OSH hazards and applying corrective and preventive measures. MNEs sometimes cooperate with workers, as well as the competent safety and health authorities and organizations. The tripartite National Health and Safety Council which deals with health and safety issues is ineffective and inadequately funded.

The Government reports that Norway has ratified Conventions Nos. 119, 115 and 139. The principles embodied in Convention No. 136 are fulfilled through general OSH legislation and as a result of the application of Convention No. 139. There are no data available on the OSH standards maintained by MNEs and MNEs do not play a leading role either in examining the causes of safety and health hazards or in the application of remedial and preventive measures. Norwegian OSH laws and regulations apply to all enterprises. Employers and workers, including in MNEs, cooperate with the Directorate of Labour Inspection and there have been no particular problems as regards the application of national OSH laws and regulations by MNEs. The Confederation of Norwegian Business and Industry is in agreement with the views expressed by the Government.

None of the Conventions mentioned have been ratified by Pakistan. According to the Government, the 1934 Factories Act applies to all enterprises, and failure to respect the OSH norms is an offence. As required, health facilities are provided to workers and management is responsible for ensuring that there are medical examinations for all workers who are engaged in hazardous operations, exposed to serious risks, or who have suffered occupational accidents and diseases. If required, the workers concerned must be given compensation under the terms of the relevant law. The Employers' Federation of Pakistan reports that workers in MNEs, like those in other enterprises, are provided with medical care, injury benefits, maternity benefits and disability pensions. MNEs maintain OSH standards in conformity with national requirements. To the extent possible, they supply information on the standards that they apply in other countries. MNEs conduct frequent in-house programmes to raise workers' awareness of, and to train them in, handling special hazards, and using related protective measures associated with the use of new processes. They are also sent on external programmes. MNEs play a leading role in the field of OSH, and they sometimes contribute more than domestic enterprises in this regard. Cooperation between MNEs and the competent authority, workers' organizations and other organizations dealing with OSH issues, depends on company policy. OSH matters are occasionally included in collective agreements. MNEs cooperate on OSH matters at the national level, but nothing is known about such activity at the international level.

Poland has ratified Conventions Nos. 115 and 119. Some of the provisions of the other unratified Conventions, as well as those of other international OSH standards, have been incorporated in the national legislation, which must be applied by all enterprises. The Government notes that the violation of national OSH standards is a punishable offence. On the basis of inspections of 2,319 MNEs, it has been found that there is no difference between these enterprises and others, when it comes to building safety standards. Conditions were "slightly better" in MNEs as regards standards of hygiene, sanitation facilities, heating, lighting and electrical installations. With respect to production processes, internal transport systems and exposure to hazards, the situation was worse in those MNEs that were covered by the survey, than in other establishments. Following the factory inspections, conditions improved in 45 per cent of the enterprises concerned. A survey of in-house safety and health services was carried out in 2,184 companies. Thirty per cent were found to have a special safety and health unit, 15 per cent had given an individual the additional task of dealing with OSH matters, and 22 per cent had conferred this responsibility to a specialized external institution. In 15 per cent of the cases, there was no obligation to create such an internal service, because of the size of the enterprise. Seventeen per cent had set up no such service, notwithstanding the obligation to do so. Fourteen per cent of state enterprises and the same percentage of local private companies were found not to have internal safety units. The Government stresses that the survey does not permit the drawing of conclusive findings with respect to the observance of OSH norms by MNEs as opposed to other enterprises, but that it does offer some insight into the situation in a number of enterprises. Poland has not ratified Conventions Nos. 136 and 139, reports the Independent Self-Governing Trade Union "Solidarno". Large MNEs, which tend to attach great importance to their reputation, generally have appropriate OSH and environmental protection standards. The situation is the same with respect to the provision of information in this field, examination of the causes of occupational hazards, the application of measures to improve OSH standards and cooperation in OSH-related matters at both the national and international levels.

During the period covered by the survey Portugal ratified ILO Convention No. 115, replies the Government. National OSH legislation applies to all enterprises. The General Union of Workers (UGT) says that it "seems" that the principles embodied in the instruments mentioned are applied in Portugal. Workers are made aware of risks associated with the handling of new products and processes and of the appropriate forms of protection. However, trade unions and trade unionists are not informed of the norms that MNEs observe in other countries. Some collective agreements provide for the discussion of OSH-related matters and the setting up of joint safety and health committees. The UGT believes that the situation may be improved through specific legislation or incentives.

According to the Government of Romania, the principles embodied in the instruments mentioned are applied to the greatest extent possible. While MNEs observe the highest OSH standards in accordance with national requirements, they do not inform the workers' representatives or workers' and employers' organizations on the standards observed elsewhere. The Government does not know whether special hazards and related protective measures are made known to those concerned, by MNEs. Like comparable national enterprises, MNEs play a leading role in examining the causes of OSH hazards and applying remedial and preventive measures. While MNEs comply with national OSH laws and cooperate with the competent authorities, they do not cooperate with representatives of workers and their organizations. The Government does not know whether OSH matters are incorporated in agreements signed between workers and MNEs. Enterprises do not cooperate with the competent international organizations for the preparation and adoption of OSH standards.

The principles embodied in the Conventions and Recommendations are respected, says the St. Vincent Employers' Federation. MNEs do not maintain the highest OSH standards and they do not make available information on relevant norms observed elsewhere. In most cases, it is the persons concerned, and particularly the workers' representatives, who have to find out the requirements for dealing with special hazards and demand that they be implemented. MNEs, like national enterprises, do play a leading role in examining the causes of occupational hazards and in applying remedial and preventive measures. They cooperate to a certain degree with the competent authorities, OSH organizations, workers' representatives and workers' organizations on safety and health matters. None the less, there is dire need for better cooperation between national enterprises, MNEs, and the competent international organizations in the preparation and adoption of OSH standards.

The Government of Singapore states that the principles embodied in the Conventions mentioned are incorporated in the Radiation Protection Act and its related regulations, as well as the Factories Act. MNEs that operate factories must comply with the relevant OSH legislation and with the environmental protection requirements administered by the Ministry of the Environment. By law, all enterprises, including MNEs, are required to inform and train workers on OSH matters. There is no legal requirement, however, for MNEs to make available information on the safety and health norms which they observed in other countries. MNEs are required to disclose information on the hazardous chemicals and materials used when filling out their application for factory registration. MNEs play a leading role in the examination of causes of occupational hazards and in the application of both remedial and preventative measures. Those which operate factories employing 50 or more workers must set up safety committees comprising representatives of labour and management. The Singapore Standards, including industrial safety and health norms, are administered by the Singapore Institute of Standards and Industrial Research which has merged with the National Productivity Board to become the Productivity Standards Boards. These standards are drafted by multidisciplinary committees in which MNEs participate.

The Government states that the principles embodied in Conventions Nos. 115, 136 and 139 are applied in Slovakia. The Labour Code and other regulations contain provisions that are consonant with Convention No. 119 and procedures for the ratification of this Convention have been initiated. All enterprises, including MNEs, are subject to OSH regulations. Under the Labour Code, the implementation of these norms is supervised by the Ministry of Labour, Social Affairs and Family, the Occupation and Safety Office, the Ministry of Health, certain central state administrative bodies, as well as trade unions. State bodies are empowered by law to impose penalties for any violation of OSH regulations. Provisions concerning OSH are incorporated in collective agreements.

The Government states that Slovenia has ratified Conventions Nos. 119, 136 and 139 and made the necessary changes to bring its laws and practices into line with these standards. Information in this regard was communicated to the ILO in national reports on the application of standards. According to the competent authorities, MNEs maintain the highest OSH standards in conformity with the national requirements, but they do not play a leading role in examining the causes of safety and health hazards and in the application of both remedial and preventive measures.

The Government of Spain states that Conventions Nos. 115, 119 and 136 have been ratified and national legislation to promote the application of the standards prescribed by these instruments has been enacted over the years. As a member of the EU, the country's OSH legislation has to be consonant with Council Directives in this field. All enterprises, regardless of their ownership, must comply with the relevant laws and regulations, and inspections are carried out to monitor their application. It is not possible to provide details of work-related diseases and accidents on the basis of the ownership of enterprises. However, it is worth noting that the number of cases of violations of OSH laws fell from 22,359 in 1992 to 16,208 in 1994 (data in table 1 annexed to report). Between 1992 and 1995, Government issued nine Decrees, one Act and three Orders pertaining to those areas of OSH covered by the ILO Conventions mentioned. They deal with, inter alia, protection against ionizing radiation; risk of exposure to asbestos, regulation of conditions for the commercialization and free intra-Community movement of equipment for protecting the individual; provisions for applying Council Directive 89/392/CEE concerning the harmonization of legislation on machinery in (EU) Member States; the classification, packaging and labelling of dangerous preparations and the production, commercialization and use of pesticides. MNEs do not only comply with the national OSH laws, they also generally apply to their local operations, the norms observed in the parent company with respect to the use of specific production processes and equipment. Act 31/1995 of 8 November concerning the Prevention of Occupational Hazards sets out the obligations that apply to all enterprises, including MNEs, concerning the furnishing of information to workers or their representatives about special hazards and related protective measures associated with new products and processes (copy of Act attached to report). Sections of the Act require that enterprises carry out an initial assessment of potential OSH hazards which must be updated when working conditions change and improvements must be carried out if necessary. Employers must inform each worker of specific hazards related to the job and the protective measures to be taken. They must consult with workers before taking decisions regarding work organization, the introduction of new technologies, the choice of equipment, and other matters relating to conditions of work and the impact of environmental factors on the workplace. Section 33 sets out the duties and responsibilities of the Safety and Health Committee, which include participation in the drawing up, implementation and assessment of plans and programmes for preventing occupational hazards. There is also a tripartite "specialized technical committee" (Comisión Técnica Especializada) responsible for monitoring the application of regulations concerning occupational exposure to asbestos. The Government, as well as representatives of employers' and workers' organizations, take part in the activities of the National Institute of Occupational Safety and Health, which manages, evaluates and monitors all plans and programmes for reducing occupational hazards, accidents and diseases. Collective agreements do not generally contain detailed provisions on OSH. However, they do contain references to the general principles that should apply in this field. It is quite likely that provisions with greater specificity will be negotiated in the near future. As a member of the EU, Spain is represented in committees and other consultative bodies which assist the Commission in its normative and operational activities pertaining to OSH. Council Directives (of the EU) on safety and health are incorporated in the national legislation which applies to both national and multinational enterprises. MNEs, which are generally large establishments, must set up, either individually or jointly, units to deal with the prevention of occupational hazards and diseases. Reference is made to ILO codes of practice and Recommendations, if there are no regulations or guidelines for dealing with specific hazards that have been detected. The General Union of Workers states that there is not much difference between OSH standards in domestic and multinational enterprises in Spain. OSH standards leave much to be desired and several factors account for this. Enterprises tend to make little effort in this regard because of the high costs which they associate with measures to comply with national and international standards. Government does not give OSH matters the attention that they deserve. Act 31/1995 was adopted without full consultations with the unions even though the EU and the ILO require that governments consult with the social partners on these matters. Labour inspections are inadequate and sanctions are not applied, for fear that enterprises would either cease their operations or relocate. MNEs consult with and inform workers' representatives through safety and health committees. However, as it was in the past, the new law does not provide for adequate participation by trade unions in OSH-related matters. MNEs do not play a leading role in supplying information about hazards and related protective measures. Cooperation with the competent authorities may be facilitated by the new law which provides for a workers' representative to hold the position of delegate for dealing with preventive measures (Delegado de prevención) in the field of OSH. Collaboration and consultation with these authorities are important functions to be carried out by the delegate. Normally, collective agreements covering workers in large enterprises contain provisions on safety and health at work. There is no real cooperation for the preparation and adoption of international OSH standards.

The Government reports that Convention No. 115 has been ratified by Sri Lanka and that the Factories Ordinance satisfactorily incorporates the principles of the other Conventions mentioned. Standards of OSH vary between enterprises and there is only an average degree of compliance with national legislation. It is not known whether information on OSH norms applied by MNEs in other countries is made available to the workers' and employers' organizations. Such information has not been received by the competent authority. It is not known whether MNEs provide information on special hazards and protective measures related to new production processes. There is also no information on whether MNEs play a leading role in the examination of OSH hazards and in the application of preventive and remedial measures. There is no cooperation on OSH matters between MNEs, the social partners and the competent national authorities. The situation is the same as regards cooperation with organizations at the international level. The Employers' Federation of Ceylon, referring to MNEs that belong to its organization, reports that OSH standards in MNEs in Sri Lanka are usually very high.

The Government states that all the Conventions mentioned have been ratified by Switzerland and it refers to its reports to the ILO on their implementation. The principles contained in these instruments are embodied in the national OSH legislation which applies to all enterprises, including MNEs. MNEs generally maintain high OSH standards. Some often apply the standards of the home country, which may not always meet all the legal requirements of the host country, e.g., the provision of sufficient natural lighting, a requirement under Swiss law that MNEs do not always comprehend, and sometimes even dispute. MNEs are open as regards their OSH policy and they share information because of their interest in harmonizing the OSH standards of different host countries in which they operate. They invest in the provision of information and training, and undoubtedly play a leading role in analysing occupational hazards. However, there may be specific cases in which the corrective and preventive measures applied may differ among MNEs, if the criteria they use for assessing the risks differ from those prescribed by the host country. MNEs cooperate with the competent OSH authorities, particularly at the regional level. The Government states that to its knowledge, collective agreements concluded by MNEs usually contain a general clause on occupational safety, and increasingly, a clause on occupational health. Agreements dealing with more specific aspects of OSH are uncommon. The Central Union of Swiss Employers' Associations notes that Switzerland has ratified the Conventions listed and that the Government has submitted reports to the ILO in this regard. All enterprises are subject to national laws and regulations. The Federal Commission for the Coordination on Occupational Safety (Commission fédérale de coordination pour la sécurité au travail) draws up directives on occupational safety and monitors their application through different institutions operating at the cantonal and national levels. On 1 January 1996 a new directive concerning the use of occupational safety experts came into force. Both employers' and workers' organizations contributed to the drafting of this directive which contains details on the implementation of the Accident Insurance Act and the Ordinance for the Prevention of Occupational Accidents and Diseases. According to the 1994 Workers' Participation Act, workers' representatives have the right to be involved in OSH matters. For example, article 26 of the Collective Agreement (1.7.93-30.6.98) covering the Machine Industry provides for labour-management cooperation in this regard (copy of agreement annexed to report). According to the Federation of Commerce, Transport and Food Industries Workers' Union, the Labour Inspectorate is responsible for supervising and enforcing OSH standards in Switzerland. These matters are dealt with by works councils, particularly since the adoption of the Workers' Participation Act. Information on OSH matters is circulated within the enterprise and these issues are addressed at jointly run training courses.

The Government reports that the Syrian Arab Republic has ratified the instruments mentioned, and that their principles as well as those of their corresponding Recommendations are applied. While MNEs maintain the highest OSH standards in accordance with national requirements, they do not supply information about OSH standards that they observe elsewhere. MNEs make known special hazards and related protective measures to those concerned through training and by posting notices at the workplace. Like national enterprises, they play a leading role in examining the causes of occupational hazards and applying remedial and preventive measures. Even though MNEs cooperate with the competent OSH authorities, workers' representatives and organizations, they do not conclude agreements with workers that contain provisions on OSH. There is no cooperation between enterprises and the competent international organizations for the preparation and adoption of international OSH standards. The Chamber of Industry (Syrian Arab Republic) concurs with the Government's statement, except with regard to the role played by MNEs in examining the causes of industrial hazards and applying corrective and preventive measures.

According to the Government of Thailand, the principles of the Conventions and Recommendations referred to are "partly applied". While most MNEs from OECD countries (origin named) maintain high OSH standards, some enterprises from NICs do not have adequate OSH standards. As regards the provision of information on OSH norms observed in other countries, MNEs from OECD countries (origin named) make this available; but this is not the case in enterprises from NICs. MNEs do not play a leading role in the examination of OSH hazards and in the application of appropriate measures and only some of them are known to disclose information on special occupational hazards and related protective measures. However, they provide funding for national OSH activities. Certain MNEs include OSH matters in collective agreements.

The Government of Trinidad and Tobago states that not all the Conventions and Recommendations mentioned are well known. The degree of observance of the guidelines contained in these ILO instruments varies depending on which aspect of safety and health is under consideration. In large establishments which have safety units, the principles are applied with greater diligence. With regard to Convention No. 115, the principles are observed by petroleum companies, service companies and radiology departments. Workers in both public and private establishments are well protected against ionizing radiation. They are required to wear monitoring badges, and the records of the levels of exposure are analysed. Exposure times may be limited as required. The standards contained in Convention No. 119 are observed by all concerned, in keeping with the requirements of the Factories Ordinance. As regards Convention No. 136, every suspected case of benzene poisoning has to be reported in writing to the Factory Inspectorate as required under section 38 of the Factories Ordinance. The standards apply to all situations where benzene is used. Compliance with the standards embodied in Convention No. 139 is monitored through factory inspections. The labour inspectors ensure that measures are taken to protect workers in all enterprises which utilize such substances. Biological laboratories that are not connected with industrial establishments do not fall under the labour inspector's authority. However, laboratories act responsibly when it comes to the protection of workers and the appropriate clothing and equipment are provided. On the whole, MNEs conform to national OSH laws and regulations. In certain cases where they apply the requirements of the parent company, the local requirements are made compatible with foreign standards -- e.g. for safety in electrical industries, the reference is the National Electrical Code. If information on OSH standards observed by MNEs in other countries is required, it must be requested by workers' and employers' organizations, since such information is not made available as a matter of routine. MNEs do not make known to those concerned special hazards and related protective measures associated with the use of new products and processes. In a recent case where new technology was introduced, the MNEs publicly asserted that there were no hazards associated with the process, when in reality it involved a number of high-risk operations. In the event of a major accident, the MNE(s) concerned must be actively involved in the ensuing investigations, as well as in the examination of hazards, and the taking of remedial and preventive action. MNEs cooperate with the competent OSH authorities, the health organizations and union representatives. Matters relating to personal protective clothing, rest periods and medical provisions are covered by agreements between workers and MNEs. There has been cooperation between national enterprises and competent international organizations such as the Pan American Health Organization, WHO and ILO. One OSH issue that has been dealt with relates to chemical safety management, which is one of the areas of focus of the International Forum on Chemical Safety. Other areas of activity relate to information for alerting those concerned about occupational hazards, and requirements for safeguarding workers' health. In an indirect way, there has been cooperation with the UNDP which was instrumental in providing the services of an ILO expert to this country for the purpose of upgrading OSH legislation and carrying out activities related to the adoption of international standards. The Employers' Consultative Association of Trinidad and Tobago replies in the affirmative to questions 1 to 3. It adds that national and multinational enterprises in the country cooperate with the competent international organizations involved in the preparation and adoption of international OSH standards.

Tunisia has ratified Convention No. 119, reports the Government. However, the national OSH legislation is comprehensive, and both the mandate and structures of the Health and Occupational Safety Institute (Institut de Santé et de Sécurité au Travail) and the National Council for the Prevention of Occupational Hazards (Conseil National de prévention des risques professionnels) have been strengthened. While national OSH norms are relatively well applied by long-established MNEs and local enterprises, this is not the case with MNEs which are in the country for limited periods (two to four years), and with small local enterprises. The latter generally lack the necessary facilities (e.g. security services, medical services at the workplace) and do not have effective arrangements for labour-management consultations. Long-established MNEs, and especially those involved in high-risk industries (e.g. petroleum industry) tend to adopt company-wide standards which are generally more stringent that the local requirements and are constantly updated to keep abreast of scientific and technological developments. The exchange of information on OSH-related matters is usually facilitated by the consultation mechanisms set up in accordance with national regulations. None the less, such exchanges between MNEs and employers' organizations, as well as between MNEs and the competent authorities, remain quite limited. MNEs have divisions that draw up guidelines, instructions and reports that are disseminated to all enterprises within the group whenever new processes or products are introduced, after a major accident has occurred, or after reports of an accident that may be serious, in any of the enterprises. This information is discussed at meetings of the Occupational Health and Safety Committee, which bring together representatives of management and workers, the industrial physician and, if necessary, a representative of the competent authority who sits as an observer. By virtue of their wealth of experience in global operations and the advanced level of their accident-prevention facilities, MNEs in high-risk activities (e.g. energy-based and chemical industries) have always played a significant and leading role in examining the causes of occupational hazards. However, MNEs in operations that are not associated with special risks (e.g. electronics and garment industries) play a negligible role in this regard. Upon request, MNEs cooperate with the competent OSH authorities and institutions. However, this practice is still in its embryonic stages and so far involves only enterprises engaged in high-risk operations. During the period under review, the Government began elaborating measures to be issued in the form of a Decree in 1996, enabling the social security services to grant enterprises different forms of funding (including loans) for projects that would improve the work environment and raise safety and health standards. The Tunisian Confederation of Industry, Trade and Handicrafts reports that there are wide-ranging OSH laws and that workers' representatives participate in enterprises' OSH programmes. The National Institute for Health and Safety ensures that the necessary training and information are provided to workers and employers of all enterprises, whether national or multinational.

The Government states that Turkey has ratified Conventions Nos. 119 and 115. The Turkish Confederation of Employer Associations indicates that national OSH standards apply to MNEs and national enterprises. The Confederation of Turkish Trade Unions reports that there are various cases of violations of the principles of the ILO instruments mentioned. MNEs do not necessarily maintain the highest OSH standards in conformity with national regulations, they do not make available information on safety norms applied elsewhere, nor do they make known special hazards related to the use of new products or processes. MNEs sometimes cooperate with the competent OSH authorities, established organizations and representatives of workers. However, OSH matters are not incorporated in agreements signed between workers and MNEs. Unions are not aware of any cooperation between MNEs, national and international bodies for the development of OSH standards.

The Government states that OSH laws in the United Kingdom apply to, and must be respected by, all enterprises. MNEs contribute to the development of national OSH standards through consultations on legislation and approved codes of practice, and in other informal ways. The UK participates in international standard-setting activities through the British Standards Institute as well as regional and international bodies. Employers in all enterprises, including MNEs, are encouraged to examine the causes of occupational hazards and to apply positive experiences gained within the enterprise. MNEs in the UK must respect the national OSH legislation and the ILO Conventions mentioned are applicable to all employers, notes the Confederation of British Industry. Like many other large enterprises, MNEs play an important role in the tripartite bodies that deal with OSH matters. On the whole, the UK has a very good record when it comes to OSH standards. UK multinationals are of the view that standards are not adaptable. They issue comprehensible group policy statements and safety information bulletins for all enterprises and provide suitable training. At the national level MNEs, like national companies, take part in activities of the UK Health and Safety Commission and industry advisory committees; at the international level they cooperate fully in standard-setting activities within the EU, ILO, UN and OECD.

The Government reports that although the United States has not ratified the Conventions referred to, US policies, laws and regulations reflect the principles embodied in these instruments and the related Recommendations. The US has played a key role in the drafting of ILO codes of practice and guides. The national regulations are generally more rigorous than the provisions of ILO Conventions and Recommendations. The 1970 Occupational Safety and Health Act (OSHA) applies to virtually all domestic enterprises and MNEs and there is no evidence that compliance on the part of the latter differs from that of local enterprises. It covers all workers except those the public sector. All employers have a "general duty" to ensure that their workplaces are free from recognized hazards. Foreign and domestic enterprises must report immediately all accidents involving fatalities and correct any occupational hazards identified by the OSH administration during the inspection of a workplace. Twenty-three states are authorized in lieu of the Federal Government to enforce OSH norms. Under the OSHA employers are prohibited from discriminating against an employee who refuses to work because he or she has filed a complaint about unsafe working conditions. Violations of OSHA standards are subject to fines of up to $70,000 for each violation, including omissions in records. Before federal OSH standards are issued there are hearings, public comment and direct consultation with all interested parties, including MNEs and workers' organizations. Many MNEs have reported to the federal Government that the OSH standards which they observe in the US are the highest of all those applied in their overseas operations. Since US workers and their representatives have a right to know about hazards to which they are exposed in the workplace, MNEs must provide workers with information on, and training for, handling hazardous chemicals. Employers are responsible for evaluating new products and chemicals to determine whether they are hazardous and to establish procedures for the safe handling of hazardous chemicals. MNEs, like other companies in the US, receive notification of proposed standards to enable them to provide the OSHA with information concerning their experiences. Through this process, MNEs examine the causes of industrial hazards, submit comments, make suggestions regarding the proposed standards, and apply their findings where applicable. MNEs have provided information on the effect of various international OSH regulations on their businesses as well as their potential impact on international trade. This information has been helpful to the US Government in international discussions regarding possible harmonization of such requirements. US and foreign enterprises operating in the US also cooperate in the work of international organizations concerned with the preparation and adoption of international safety and health standards through groups such as BIAC. Through BIAC, MNEs were able to contribute to the recent successful adoption by the OECD Environment Committee of the Guidelines for Chemical Accident Preparedness, Prevention and Response. Through the US Council for International Business, MNEs actively participate in the preparation and adoption of international OSH standards by contributing to position statements by the Council and through direct participation at the International Labour Conference, ILO sectoral meetings and working parties. There are regulations which enable MNEs to participate in the rule-making process. MNEs are also given the opportunity to join government and workers' representatives at international meetings in which international OSH standards are elaborated. Safety and health matters are often covered in collective agreements. US rules represent minimum standards and such agreements may be used to establish more protection for the workers concerned.

The Government of Uruguay notes that all enterprises, regardless of their origin, must respect the laws and regulations which contain the principles of Conventions Nos. 119, 115, 136 and 139. These are: the Decree of 14 September 1995 concerning the prevention of hazards arising from benzene; Decree 519/84 of 21 November 1984 regulating activities concerning radioactive materials and ionizing radiation; Decree 406/88 updating regulations on occupational safety and health; and Decree 89/95 which sets out special regulations for safety and health in the construction industry. MNEs generally observe standards that comply with the national requirements. They are not obliged to inform the competent authorities about the standards they observe in other countries. However, such information is provided on request. MNEs, like national enterprises, cooperate in applying preventive measures. The scope within which MNEs can cooperate with the competent authorities and with workers and their representative organizations is not specified. Efforts are under way to set up a Tripartite Coordinating Group (Grupo de Coordinación Tripartita) for the planning and promotion of OSH policies, particularly as regards the prevention of hazards. Collective agreements have few provisions relating to OSH. There must be an exchange of information between MNEs, national enterprises and public authorities. The latter should have a database with information on toxic chemical substances in order to organize programmes for the prevention of hazards in different branches of industry.

The Government of Venezuela states that to the fullest extent possible, the principles contained in Conventions Nos. 115, 119, 136 and 139 as well as Recommendations Nos. 114, 118, 144 and 147 are applied, even though the country has only ratified Convention No. 139. The content of these instruments is reflected in the Regulation on Occupational Health and Safety (1968), and other OSH legislation. MNEs observe the highest OSH standards. Through the Industrial Health and Safety Programmes and the Industrial Health and Safety Committees, they collaborate with the representatives of workers in the enterprise, representatives of workers' and employers' organizations and with the government authorities, to disseminate information on the standards which they observe in other countries. Over the last decade MNEs have been developing mechanisms for preventing and reducing hazards at the workplace. They have shown greater concern about avoiding accidents and an awareness that the protection of workers has economic implications for the enterprise. In June 1995 the programme for Raising Awareness and Preparing for Emergencies at the Local Level (Concientización y Preparación de Emergencias a Nivel Local) was initiated. A number of seminars, meetings and workshops have been and will be carried out under this programme. The aim is to increase awareness of occupational hazards, encourage the drawing up of emergency plans and prevent accidents. A National Health Plan for Workers in Venezuela has been drawn up with the participation of various state agencies, universities and the private sector. Meetings involving different government ministries and the Association of Chemical Industries of Venezuela (ASOQUIM) have been held to elaborate a National Plan for Chemical Safety (Plan Nacional sobre Seguridad Química). Safety and health standards at the workplace are set out in the national legislation and respected by MNEs, reports the Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations. These enterprises normally apply the same norms observed in the home country, and in many cases this has caused discontent among those persons who are not used to observing any OSH standards. MNEs provide information on special hazards and protective measures associated with their new products and processes. They develop manuals on standards and procedures, and also hold talks on this subject. They play a leading role in examining the causes of OSH hazards and in applying corrective and preventive measures. In many parts of the country they play a critical role, together with local enterprises, in the field of safety and health, and collaborate with local and national authorities, with workers and their representative organizations. Most collective agreements concluded with MNEs contain provisions relating to OSH. A large number of MNEs are now trying to get, as they have done in their home countries, special international certification of relevance to safety and health.

The Government states that the principles embodied in the instruments cited are applied in Zimbabwe. MNEs maintain high OSH standards in conformity with national requirements. Information on relevant standards is disseminated to the Safety Committees which consist of representatives of management and workers. Industrial accidents are reported to the National Social Security Authority which is in charge of factory inspections. The Employers' Confederation of Zimbabwe confirms that the principles embodied in the Conventions and Recommendations mentioned are applied and that MNEs respect OSH standards. In some cases, MNEs make available to those concerned, information on relevant OSH norms which they observe in other countries. They make workers aware of special hazards and related protective measures associated with new products and processes, through in-house training on health and safety. They also play a leading role in examining occupational hazards and in applying remedial and preventative measures. They cooperate with the competent authorities through tripartite meetings with workers' organizations and the Government. OSH matters are incorporated in collective agreements. The Government, workers' and employers' representatives liaise with the relevant international bodies through the ILO.

Industrial relations

Paragraphs 40-58

Freedom of association and the right to organize (Paragraphs 41-47)

(1) Are there limitations on the ability of workers in MNEs to exercise fully the right to freedom of association or have there been cases in which MNEs have not observed, or have been alleged not to have observed, the principles of freedom of association? What remedial procedures are available to those concerned?

(2) Have there been any new initiatives to attract foreign direct investment (FDI) and if so, does the provision thereof -- in particular the incentives offered -- limit in any way freedom of association and the right to organize and bargain collectively?

(3) What efforts have been made by the government and national and multinational enterprises as well as workers' organizations to develop and improve industrial relations policies and practices and to bring them into conformity with the principles of the Declaration?

The Government points out that workers in MNEs in Antigua and Barbuda are free to exercise their rights, which are in no way restricted by investment-promotion initiatives. Industrial relations policies and practices are governed by the Labour Code.

The Government of Argentina states that the information contained in its reply to the fifth survey is still applicable.

In principle, there are no limitations on the ability of workers in MNEs in Australia to exercise the right to freedom of association, reports the Government. A 1990 survey found that in enterprises with 20 or more workers, 49 per cent and 52 per cent were unionized in MNEs and other enterprises respectively. Unions face no problems in being recognized for the purpose of collective bargaining. Federal and state legislation protects the rights of unions and sets the framework for industrial relations policies and practices for all enterprises. The Commonwealth Industrial Relations Act 1988 prohibits anti-union discrimination. It provides for the settlement of labour disputes through compulsory conciliation and arbitration, voluntary registration of employers' and workers' organizations, and the use of the Industrial Awards System. However, in practice there are MNEs which attempt to marginalize unions, particularly as regards collective bargaining. The Government gives examples of two subsidiaries of a multinational in the aluminium industry (names given) which the Australian Industrial Relations Commission (AIRC) found to be discriminating against union members and attempting to marginalize the unions. Workers covered by industrial awards were offered individual contracts of employment, and those who chose to be represented by a union were discriminated against in terms of remuneration and conditions of employment. In the first case, the AIRC decided to grant a new interim pay rates award which effectively blocked the individual contracts, while in the second, it issued an interim order requiring the company to extend the same terms and conditions to employees covered by industrial awards, provided that either individually or through the union, they agreed to work in accordance with staff contracts. The parties were also called upon to seek a long-term solution to the problem. Those decisions affirmed that individual job contracts could not be used to erode the legitimate role of either trade unions or the AIRC. Initiatives for attracting FDI (e.g. Regional Headquarters Campaign) in no way limit workers' rights. All enterprises are legally obliged to adhere to the same standards of industrial relations, regardless of their origin. Recent reforms aimed at making the industrial relations system more flexible and promoting collective bargaining at enterprise level also guarantee minimum entitlements for all workers. At the February 1995 Forum for the Comprehensive Development of Indo-China, organized by the Economic and Social Commission for Asia and the Pacific, it was agreed that an advisory group would be set up to take into account the views of the business community on economic and social development and to promote the involvement of the private sector in this process. Australia, through its participation in the Advisory Group, will ensure that the principles of the Tripartite Declaration become widely known in the region.

According to the Government, there are no limits on the exercise of workers' rights in MNEs in the Bahamas. None of the incentives offered to attract FDI restrict workers' rights. Chapter 295 of the Fair Labour Standards Act is being amended and advice is being obtained from the Joint Tripartite Advisory Committee for Labour, trade unions and employers' organizations. The amendments are intended to improve industrial relations policies and practices and to bring them into conformity with the principles of the Tripartite Declaration.

The Government of Bangladesh reports that laws enacted in line with Conventions Nos. 87 and 98 fully guarantee the right to freedom of association which is applicable to all enterprises. Denial of such rights by employers is punishable under the Industrial Relations Ordinance, 1969. Incentives such as tax-holidays, credit and fiscal concessions and repatriation of profits are guaranteed by the Government, but there is no legal exemption with respect to freedom of association and the right to bargain collectively. Improvements to industrial relations are discussed at the plant level between labour and management and at the national Tripartite Consultation Committee meetings in which representatives of workers in MNEs also take part. Workers in MNEs are free to hold consultations and exchange views among themselves. The Bangladesh Employers' Association concurs with the Government.

The Government of Barbados states that according to the national Constitution every worker has the right to join a trade union of his or her own choice, and has recourse to the law if this is denied. There is no legislation compelling employers to recognize a union. However, the voluntary system of industrial relations operates effectively in the country, and if a dispute arises in this respect unions can refer the matter for settlement by means of conciliation. During this process a survey of trade union membership within the organization will be conducted. New initiatives, in the form of expanded Double Taxation Bilateral Investment Treaties, have been implemented to attract FDI. Moreover, the incentives offered in no way limit freedom of association and the right to organize and bargain collectively. A tripartite body has been set up to implement a Prices and Incomes Policy, which is a vital component of the country's macroeconomic programme for achieving economic growth and development through increased competitiveness. There has been some degree of success in creating the appropriate environment for enhancing social dialogue, improving the industrial relations climate, and creating better job opportunities. The Barbados Employers' Confederation replies in the negative to the first two questions. With regard to industrial relations policy and practices, national law and practice enable the parties to act in accordance with the principles of the Declaration. The Barbados Workers' Union is of the view that there are covert restrictions to the right to exercise freedom of association. Initiatives for attracting FDI in no way limit workers' rights.

The Government states that the same rules apply to all enterprises in Belgium, regardless of their origin. Workers' and employers' organizations are covered by regional, provincial or local policies for attracting investment within the framework of regional employment policies and economic restructuring plans. Job creation is a major preoccupation, followed by environmental protection. Investment guides are published and investors normally meet with the relevant institutions and authorities.

The Government of Brazil states that freedom of association, the right to organize and the right to strike are guaranteed under the federal Constitution. Candidates for office in unions cannot be dismissed and neither can elected union officials, up to one year after the end of their mandate. The federal Constitution also recognizes the importance of collective bargaining, collective agreements and labour-management consultations on matters of mutual concern. Article 11 provides for the election of a workers' representative in enterprises with more than 200 employees. The Compendium of Labour Laws (Consolidação das Leis do Trabalho) protects workers involved in trade union activities against any form of discrimination and sanctions are imposed on enterprises that are found to restrict the exercise of trade union rights. Complaints about problems in this regard can be submitted to the labour inspection services and other competent legal authorities. There are no known cases of MNEs having violated the aforementioned principles and there are no investment-promotion incentives that limit workers' rights. Certain developments in the field of industrial relations are worth mentioning. For example, labour-related matters are among the subjects discussed in the tripartite Sectoral Chambers. In 1993 the Ministry of Labour with the ILO's support held a Forum on Collective Agreements which enabled foreign experts and representatives of diverse social groups in the country to discuss different experiences in this domain, and examine aspects of industrial relations systems of other countries and their relevance for Brazil. On 28 July 1995 the federal Government submitted to Congress for consideration Provisional Measure No. 1.079, which proposes free collective bargaining for determining wages and other terms and conditions of employment within the framework of economic stabilization policies. Labour questions are also dealt with in round tables and labour-management negotiations organized frequently by the Regional Labour Delegations, which are entities set up by the Ministry of Labour. The Single Central Organization of Workers (CUT) reports that there are frequent incidents of anti-union practices by MNEs in Brazil. ILO Convention No. 87 is not applied and workers are dismissed for having formed or joined unions. The CUT notes that efforts to modernize the industrial relations system have been initiated and that the discussions are highly contentious.

The Government of Cambodia states that in accordance with Conventions Nos. 87 and 98, workers in MNEs are not restricted from exercising their right to freedom of association. The Labour Code under consideration is in line with the requirements laid down in these Conventions. There have been no efforts to attract FDI. Steps are being taken to develop industrial relations policies and practices in conformity with the Declaration.

The Government of Canada points out that its reply to the last survey is still applicable. It reiterates that the labour legislation makes no distinction between national and multinational enterprises, and the latter are expected to observe the national standards of industrial relations. There are no limitations on the exercise of workers' rights in MNEs. Since the last survey, a review of the rules relating to the entry of temporary foreign workers was initiated with a view to bringing them into line with provisions concerning labour mobility in the North American Free Trade Agreement and the final Act of the Uruguay Round. The Government of the Province of Quebec states that its reply to the last survey is still applicable.

The Government states that workers in all enterprises in Chad can fully exercise their right to organize, which is guaranteed by law. Government has taken no measure that in any way restricts this freedom. It has been decided that in future, biennial consultations will be held with workers' and employers' organizations as well as MNEs, with a view to giving effect to the Tripartite Declaration.

The Government reports that freedom of association and the right to organize are guaranteed under the Constitution of Chile and the Labour Code. MNEs must respect these standards. Organizations representing workers in MNEs have the right to affiliate to, or withdraw from, locally based federations, confederations and central workers' organizations as well as international workers' organizations. Investment-promotion incentives in no way limit the exercise of workers' rights. The Government is considering proposals to reform the law as regards privileges to workers involved in establishing a union and to increase the compensation to be given to those who are victims of dismissal or anti-union practices during collective bargaining.

The Government states that all workers in Colombia are free to exercise their rights. Amidst policies to facilitate the internationalization of the economy and to liberalize foreign investment, the general climate for investment has improved considerably. A Social Pact on Productivity, Prices and Salaries (Pacto Social de Productividad, Precios y Salarios) has been concluded with the aim of bringing about a significant increase in productivity with a corresponding rise in wages and the control of inflation. The National Association of Manufacturers notes that Colombia has ratified Conventions Nos. 87 and 98 and that the provisions of these instruments are reflected in the national Constitution and other legislation (e.g. Act 50 of 1990). Sanctions are imposed on all employers who fail to respect the principle of freedom of association. Incentives for promoting inward investment in no way restrict freedom of association and collective bargaining. The Government has put into effect a policy of tripartite consultation and created a Tripartite Consultative Committee for the Development of the Trade Union Movement (Comisión Tripartita de Concertación para el Desarrollo del Movimiento Sindical) in which Government, employers' organizations and workers' organizations each have three members. The aim is to strengthen labour-management relations with a view to improving the quality of working life, as well as productivity, competitiveness, employment and wages. The Committee has signed agreements for the training of trade union leaders and employers' representatives in a bid to build a true culture of social dialogue. The General Confederation of Democratic Workers states that while, by law, workers in MNEs in Colombia have the right to organize, national as well as multinational enterprises use subtle means to hinder the exercise of that right. The Ministry of Labour does not have adequate mechanisms for preventing such conduct, and as a result, workers who attempt to form unions run the risk of losing their jobs. Where multinationals do not feel obliged to accept the presence of unions, the holding of meetings is not possible.

There are no restrictions on the exercise of workers' rights, states the Government of Costa Rica. Workers' organizations have brought complaints against MNEs for having allegedly promoted the setting up of "solidarist associations" and "permanent workers' committees" to the detriment of trade unions. The Government has decided that the worker's choice should be respected and that the decision as regards affiliation to a given organization should be left to the individual. There are new initiatives for promoting investment but they do not limit trade union rights. Efforts to develop and improve industrial relations policies and practices are geared to enhancing social dialogue, conciliation and consultation as different means for resolving disputes.

Freedom of association and the right to organize are guaranteed under the national Constitution and the Law on the Association of Citizens, reports the Government of the Czech Republic. The Labour Code and Law No. 2/1991 guarantee the right to bargain collectively. The rights of union representatives and the facilities to which they must have access for carrying out their activities are stipulated in the relevant laws and regulations. Employees whose rights have been violated have recourse to the courts. Conventions Nos. 87 and 98 were ratified during the period under review, and reports as regards their application were submitted to the ILO. The authorities are not aware of cases of violation of freedom of association or denial of the right to organize and bargain collectively by MNEs. Trade unions in MNEs are generally members of industrial trade unions, which are members of international trade union confederations. Similarly, MNEs are members of national employers' organizations which belong to the Confederation of Industry and Transport of the Czech Republic. This body is associated with the IOE. Other employers' organizations to which they belong are: the Union of Employers' Confederations, the Confederation of Entrepreneurs in Construction and the Association of Entrepreneurs in the Czech Republic. There are no restrictions on cooperation between employers' and workers' organizations and the relevant external organizations. The Czech and Moravian Chamber of Trade Unions (MK OS) states that there are many problems in exercising the right to form and join trade unions. While MNEs from Western Europe generally recognize trade unions, this is not the case with certain companies originating from certain non-European OECD countries. There are subtle anti-union practices which are being influenced by views expressed by government officials and certain employers' federations. Some of the methods being used to achieve this are: the influencing of employees and trade union leaders by offering attractive wages; rejection of collective agreements; and the establishment of independent trade unions and employees' councils outside the framework of existing trade union structures. In response, the MK OS set up the Centre for Trade Union Rights in 1994, to promote the observance of trade union rights as an inseparable part of respect for human rights. There are no special concessions given to MNEs that would erode workers' rights. As regards the improvement of industrial relations policies and practices, there is evidence of employers' organizations and their advisory institutions promoting modern management principles, which include aspects of the principle of "social partnership".

Workers in all enterprises are free to associate with organizations of their own choosing, reports the Dominica Employers' Federation. None the less, complaints of anti-union practices by certain MNEs have been made to the competent government authorities and the Association of Employers. In every instance the MNEs were advised to cease those practices. There are no investment-promotion initiatives that limit workers' rights. These rights are guaranteed under the national Constitution. Bipartite and tripartite consultations have helped to "thaw many icy situations".

The Government of Ecuador reiterates that since there is no distinction between national and foreign enterprises, they must all apply the national laws. Labour relations are governed by the Labour Code and the same sanctions are applied to those who violate its provisions. The Labour Code provides for the following: workers in all enterprises have the right to exercise freedom of association; all workers' organizations are guaranteed the protection of the State; and the law prohibits employers from dismissing workers from the time that they notify the labour inspector that they are meeting to form any type of workers' organization. All employers' and workers' organizations have the right, under the Labour Code, either to affiliate to or withdraw from international workers' and employers' organizations. Organizations representing workers as well as employers in MNEs are usually affiliated to local workers' and employers' organizations. For example, the works council of a major food and drink MNE (name given) is a member of the Ecuadorian Confederation of Free Trade Unions. The Labour Code requires that employers give workers time off to carry out union activities once the necessary advance notice has been given, and prohibits them from interfering in trade union activities. The Government notes that this is reflected in the collective agreement signed by the aforementioned food and drink MNE. There are no known cases of employers' or workers' representatives being prevented from entering the country for the purpose of consultation on matters of mutual concern, as long as the immigration laws and requirements are duly respected.

Information provided through the Federation of Egyptian Industries shows that enterprises in the pharmaceutical industry and metal trades (named) do not limit workers' rights to exercise freedom of association. Initiatives to attract FDI do not impinge on freedom of association and collective bargaining. Efforts by certain pharmaceutical companies to improve industrial relations encompass the holding of regular meetings and responding to workers' demands in accordance with legal requirements. One company (named) has been acknowledged for its successful implementation of a project for enhancing industrial relations. Not all enterprises in the metal trades have workers' organizations. However, some do have enterprise committees in which workers can express their views and submit proposals for discussion. Workers may also submit grievances to be considered by management.

The Government of Estonia indicates that the Association of Estonian Trade Unions has not received official complaints of restrictions on the right to freedom of association. There has been no initiative to promote workers' participation in trade unions and certain MNEs are known to consider weak unions an advantage to enterprise development. Estonia has ratified Conventions Nos. 87 and 98. Freedom to organize is guaranteed by the Constitution and there are no known impediments to the exercise of this right.

The Ethiopian Government confirms that Labour Proclamation No. 42/1993 guarantees workers and employers "... the right to establish and form trade unions or employers' associations respectively, and actively participate therein". This covers workers in all enterprises, including MNEs.

The Government of Finland states that freedom of association is guaranteed by the national Constitution. More detailed provisions on its implementation are set out in the Associations' Act. Violation of workers' rights is considered a criminal offence under the Penal Code. The authorities do not know of any particular problems concerning MNEs in this respect. Finland is now in the process of implementing the Council Directive on the establishment of a European Works Council which is in line with existing national legislation concerning cooperation within enterprises. The Confederation of Finnish Industry and Employers and the Employers' Confederation of Service Industries indicate that workers in MNEs, like those in national enterprises, enjoy the right to form and join trade unions. The Government's initiatives to attract foreign investment do not affect freedom of association in any way. The Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) point out that the exercise of freedom of association and that of other basic trade union rights are not restricted. However, some foreign enterprises in the information technology sector have a negative attitude towards trade unions. The subsidiaries of foreign enterprises which operate in Finland are usually medium-sized or large enterprises, and their employees are unionized. The system of workers' representation and collective bargaining functions well. MNEs are generally members of national employers' associations.

According to the Government of Gabon, workers in MNEs are free to exercise trade union rights, including the right to collective bargaining. Apart from seminars organized by trade unions and financed by international organizations, no particular efforts have been made to improve industrial relations policies in conformity with the principles contained in the Declaration. The Gabonese Confederation of Free Trade Unions acknowledges that the only limit to freedom of association and the right to organize was the requirement to have a single trade union. This has been abolished under the new Labour Code.

The report to the fourth survey is still applicable, states the Government of Germany. It reiterates that the law prohibits all restrictions on freedom of association and the right to bargain collectively. Workers affected by violations in this regard can take the matter to the labour courts. There is no state intervention in the collective bargaining process.

The Government of Greece notes that certain MNEs have impeded the setting up of trade unions or, in some cases, works councils, even though the legislation in force provides for the establishment and operation of such entities. Furthermore, there have been cases in which the labour contracts of trade unionists have been terminated (with certain justification) but the matter was not handled according to the procedures stipulated in the legislation which deals with the democratization of trade union movements and the protection of freedom of association. In all such cases, the local labour inspectorate invites the parties concerned to discuss the matter further and takes steps to resolve the problems. Several enterprises, including MNEs, apply Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council. This is done on a voluntary basis since Greece has not yet adopted legal measures for the implementation of this Directive.

According to the Government of Grenada there are no restrictions on the exercise of freedom of association and grievances can be submitted to the courts. There have been initiatives to attract FDI but none of the incentives limit in any way, freedom of association and the right to organize and bargain collectively. Grenada has ratified Convention No. 144. All the social partners are actively engaged in studying a draft Labour Code which has been prepared in collaboration with the ILO.

The Government indicates that apart from one or two cases, it is unaware of any widespread practice by MNEs to limit trade union activities in Hungary. There were reports of subtle attempts to dissuade workers from joining trade unions. Limitation on trade union activities was not among the incentives offered to attract foreign investors. There was one case where prospective investors withdrew from a deal upon learning about a strong union presence at the enterprise concerned (unnamed). Trade unions have sought to make contact with their counterparts at the local level as well as with those at the parent company. A group of MNEs opted not to join the employers' side of the Interest Coordinating Council but founded the Hungarian Association of International Companies which represents the collective interests of MNEs. Others have joined the Hungarian Employers' Organization. Certain MNEs have taken into account the opinions of workers' organizations on issues relating to wages and other employment-related matters. The competent authorities regularly consult with the Hungarian Association of International Companies even though a formal mechanism for such consultations has not yet been established.

The Government of India states that workers employed by national enter-prises and MNEs have the right to establish and join organizations of their own choice. Under the provisions regarding "unfair labour practice" in the Industrial Disputes Act, management and workers are protected against acts of interference in each other's legitimate affairs. The Government, in its 1991 industrial policy, increased the limit of foreign equity holding from 40 per cent to 51 per cent in "high-priority industries". The incentives given do not restrict workers' freedom of association and the right to organize and bargain collectively. Those employed by MNEs have the same rights as workers in national enterprises, and can have representative organizations of their own choice in accordance with national law and practice. The national legislation provides for workers in all enterprises to conclude agreements with their employers and for them to be given the necessary assistance for negotiating effective collective agreements.

The Government of Indonesia guarantees workers the right to organize in both national and multinational enterprises. In this respect, assistance and guidance are always given to the workers and officials of workers' organizations. Government's efforts to attract foreign investment have been through deregulation. This policy does not affect the exercise of freedom of association, the right to organize and collective bargaining. The Government carries out development and training programmes on industrial relations for workers, employers and the relevant government offices.

The Government reports that workers in MNEs in Ireland enjoy the same right to exercise freedom of association as those in local companies. This right is guaranteed under the national Constitution. The Unfair Dismissals Acts 1977-1993 protect workers against dismissal because of trade union activities. There is a Labour Relations Commission which draws up codes of practice on industrial relations in consultation with workers' and employers' organizations, and other interested parties. To date, three codes have been elaborated covering dispute settlement procedures (including in the essential services), the duties and responsibilities of workers' representatives and disciplinary procedures. Although not legally binding, these codes (copies annexed to the report) are expected to be widely observed and incorporated in collective agreements. They apply to MNEs, where appropriate.

According to the Government of Italy, workers in MNEs are not restricted from exercising their right to organize. National labour relations legislation as well as bipartite and tripartite agreements are complied with. The General Confederation of Industry states that there are no limitations on workers' rights to exercise freedom of association and to organize in MNEs in Italy. No new initiatives to attract FDI have been undertaken. Industrial relations practices comply with the national legislation, and with bipartite and tripartite agreements in force.

Workers in all enterprises in Japan, including MNEs, are free to join and form trade unions, reports the Government. The law prohibits employers from engaging in all forms of interference in the exercise of workers' rights. Workers whose rights have been violated can submit a complaint to the Labour Relations Commission. Initiatives for attracting FDI cannot limit the exercise of freedom of association, the right to organize and collective bargaining. The Japan Federation of Employers' Associations (NIKKEIREN) refers to the Guidelines for Overseas Direct Investment (Kaigai Tshi Kd Shishin), according to which Japanese MNEs should improve their understanding of local trade unions and labour relations practices. They are urged to promote better labour-management relations through the exchange of information and points of view. The Japanese Trade Union Confederation reports that workers in a Japanese MNE (unnamed) operating in an Asian country (named) made four futile attempts in 1995 to obtain union recognition. In its view, the "very strong" anti-union stance of the local authorities was largely responsible for the inability of workers to vote on this question, and might have been "exploited" by the enterprise in order to prevent workers from organizing. It gives a second example of a Japanese MNE (unnamed) in another Asian country (named) in which union officials, at the end of 1993, sought recognition from the Ministry of Labour for the purpose of collective bargaining. The Government's request for a list of workers in order to determine the representativeness of the union was not fulfilled by the management of the enterprise, but the president of the union was dismissed in March 1994. The matter was brought to the labour court, which, in May 1995, ordered that the worker be reintegrated with full payment of wages. While the company accepted to make the payments, it did not agree to the worker's return to the workplace. The matter was brought to the court again in October 1995 and since the list of workers was never submitted to the government authorities, the union is yet to be recognized as a bargaining agent.

The Government of Jordan states that the labour legislation provides for workers and employers to join trade unions and employers' organizations. Discrimination against unionized workers is prohibited. While the Government seeks to attract FDI, it has never done so by limiting workers' rights. Attempts are always made to improve and develop sound industrial relations practices, by encouraging social dialogue, collective bargaining and the conclusion of collective agreements. The Amman Chamber of Industry affirms that workers in MNEs in Jordan can exercise the right to freedom of association. There are concerted efforts to attract inward FDI and the Encouragement of Investment Law provides for, inter alia, national treatment for foreign investors, extensive fiscal advantages and the transfer of profits abroad in convertible currency. Relentless efforts are made by the parties concerned to improve the industrial relations climate throughout the country.

According to the Government, in the Republic of Korea, the same legislation applies to MNEs and national enterprises, and workers can fully exercise their right to freedom of association. If necessary, workers in MNEs have recourse to the Labour Relations Commission and other national legal procedures. There are no incentives to attract FDI that impose limitations on workers' rights. Under the 1980 Labour-Management Council Law, labour-management councils must be set up in enterprises. During the period under review preparations were made for the setting up of a Presidential Commission on industrial relations reform in 1996. The 30-member Commission will reform the laws, systems and practices as regards industrial relations. According to the Korea Employers' Federation, there are no limitations on the rights of workers in MNEs, and they enjoy the same guarantees as workers in local enterprises. There are no incentives for FDI that restrict workers' right to freedom of association. No special efforts have been made by MNEs to bring industrial relations policies and practices into conformity with the principles of the Declaration.

The Government of Kuwait states that workers and employers have the right to organize, in accordance with Convention No. 87 which Kuwait has ratified. Enterprises in the private and petroleum sectors allow organizations representing their workers to exercise their rights. These organizations receive both "moral and material" support from the Government. No new initiatives to attract FDI have been taken. MNEs have internal regulations governing industrial relations, and tend to offer better conditions of work. The Government has been known to advise and hold consultations with enterprises (one example named) for the drawing up of their internal regulations concerning employment policy and labour relations.

The Federation of Luxembourg Manufacturers indicates that MNEs are members of the local organizations representing the industries in which they operate. There are no limitations whatsoever on the exercise of freedom of association, and the right to organize and collective bargaining. The Confederation of Independent Trade Unions (Luxembourg) states that MNEs respect freedom of association and workers' right to organize.

According to the Government of Malaysia, incentives to attract FDI do not in any way prevent employees from exercising the right to freedom of association and the right to organize and bargain collectively. The Malaysian Trades Union Congress reports that workers employed by MNEs in the electronics industry are denied the right to form or join a national union. In order to attract FDI, restrictions have been imposed on the right of association of workers to only in-house unions in the electronics industry and the right to collective bargaining is restricted in "pioneer status" industries. Overall, collective bargaining is rendered meaningless, as the right to strike is restricted.

The General Confederation of Employers of Mauritania indicates that the rules on freedom of association apply to all workers in all enterprises. However, only national workers may be members of the board and management of a trade union. No measures have been adopted which restrict the right to freedom of association, the right to organize and collective bargaining. In keeping with the spirit of the Declaration, a social programme encompassing labour relations is at the disposal of the social partners and the Government. The Free Confederation of Workers of Mauritania (CLTM) is of the view that freedom of association and the right to organize are "almost restricted" and often infringed by MNEs and other social actors. Aggrieved persons can resort to the legally prescribed appeals procedure, i.e. complaints to the labour inspectorate. If an agreement cannot be reached, the dispute will be transferred to the arbitration committee with a copy of the minutes of the discussion which did not result in conciliation. The matter can end up at the labour court. Many initiatives are undertaken in order to attract foreign investment, and Government will often take measures that restrict freedom of association, the right to organize and collective bargaining. As an example of such restrictions, the CLTM mentions that MNEs and Government often exert pressures in order to influence the workers' choice of a shop steward. No efforts have been undertaken by either Government, enterprises or workers' organizations to draw up and improve industrial relations policies in keeping with the principles of the Declaration.

The Government of Mauritius confirms that the right to freedom of assembly and association and the right to organize are guaranteed by the Constitution and the Industrial Relations Act, and there are no limitations on the exercise thereof. Fiscal incentives in no way undermine the right to freedom of association and to organize and bargain collectively. The Government is committed to maintaining permanent social dialogue through the Labour Advisory Board and other fora. In this context a new legal framework for regulating industrial relations will be introduced.

The Government states that there are no known cases of MNEs in Mexico restricting the exercise of workers' rights and it reiterates that all employers must respect the Federal Labour Act which guarantees freedom of association for both workers and employers. The Foreign Investment Act in no way offers incentives that erode the right to organize and bargain collectively. Government, national and multinational enterprises and workers' representatives must work together to develop and improve industrial relations policies and practices, and there is the practice of drawing up agreements for attaining common objectives. The Mexican Confederation of Chambers of Industry knows of no situation in which workers in MNEs are restricted from exercising their right to freedom of association. In fact, the most significant trade union activities are in some MNEs. None of the incentives or concessions for promoting FDI constitute exemptions from obligations under the Federal Labour Act. Not only would such exemptions lead to unfair competition with local enterprises, they would also adversely affect workers. The national Constitution and labour legislation are consistent with the principles of the Tripartite Declaration. The Confederation of Mexican Workers agrees with the Government.

The Government reports that Namibia has ratified Convention No. 87 and that workers in MNEs are not restricted from associating with or joining organizations of their own choosing. Furthermore, no case of alleged violation of freedom of association has been reported. The establishment of the EPZ in Namibia is one of the Government's strategies for attracting FDI. Freedom of association and the right to organize and bargain collectively are in no way restricted in the EPZ. The Namibian Labour Act (No. 6, 1992) provides for the establishment of a Tripartite Labour Advisory Council in which all labour-related issues are discussed before they are tabled in Parliament. Through the Council, the Government aims at promoting tripartism and consultation, thereby improving industrial relations policies and practices in the country.

The Government of the Netherlands reports that the proposal concerning the protection of workers who are trade union members, included in a Bill that was being considered to revise the legislation relating to dismissal, is to be withdrawn. The First Chamber of Parliament is unwilling to accept several other elements of the Bill. A new Bill is being prepared for submission to Parliament and it will include provisions regarding the protection of trade union members. The Federation of Netherlands Industry and Employers agrees with the Government.

The Government states that New Zealand's May 1995 response to complaints submitted to the ILO's Committee on Freedom of Association by the New Zealand Council of Trade Unions, its response to the "Interim conclusions" of this Committee, and its reports submitted (under article 19 of the ILO's Constitution) on Conventions Nos. 87 and 98 for the period ending December 1992, contain information on the application of these standards in the country. It emphasizes that MNEs and domestic enterprises are subject to the national labour legislation and that investment-promotion incentives have no adverse effects on freedom of association and the right to organize and bargain collectively. There have been no major changes in the country's industrial relations policies and practices during the period under review, and specific information on the policies and practices of MNEs is not gathered. The New Zealand Employers' Federation supports the Government's statement. It adds that it has also produced and disseminated widely, a booklet outlining the rights and obligations of employers and workers, and publications providing specific information on employment-related matters, including human rights, privacy and sexual harassment.

Workers in MNEs in Nicaragua are in no way restricted from exercising their rights, states the Government. Investment-promotion incentives do not obstruct the exercise of freedom of association, the right to organize and collective bargaining. Employers in all enterprises, as well as workers' organizations and the Government, fully respect these principles.

The Government of Nigeria states that MNEs observe standards of industrial relations that are no less favourable than those applied by other employers. By law, workers in MNEs, as well as those employed by other organizations, are guaranteed the right to organize. In keeping with Convention No. 87, the law protects workers against acts of anti-union discrimination. MNEs support employers' organizations either by joining representative organizations in their respective industries or sectors, or by establishing their own associations. The Nigeria Employers' Consultative Association is the main organization to which most employers' organizations affiliate. These organizations are affiliated to the Pan African Employers' Federation. The workers' organizations are affiliated to the Organization of African Trade Union Unity. There have been no attempts to prevent representatives of employers' and workers' organizations of other countries from visiting their local counterparts, if such visits would be beneficial to the employers or workers concerned. There are special incentives offered by the Government to attract FDI. These include the provision of land, adequate physical infrastructure, as well as tax exemptions on a certain percentage of profits that are repatriated. These incentives do not in any way affect workers' rights. Representatives of workers in MNEs are not hindered from meeting for consultations. The Nigeria Labour Congress (NLC) reports that on the whole there are no limitations on the exercise of the right of freedom of association. A new initiative to attract FDI is the proposed EPZ in Calabar, Cross Rivers State of Nigeria. The NLC is of the view that "... as is usual with EPZs, the incentives being offered will certainly limit freedom of association and the right to organize and bargain collectively". Efforts to develop and improve industrial relations policies and practices have been limited to occasional tripartite deliberations on issues as they arise.

The Government of Norway states that its replies to previous surveys are still applicable. The legislation governing industrial relations is identical for national enterprises and MNEs and, as such, there are no limitations on the ability of workers in MNEs to exercise fully their right to freedom of association. All basic agreements concluded between workers' and employers' organizations recognize the right to freedom of association and the Government is not aware of any problems of non-observance by MNEs. Freedom of association is protected under paragraphs 55(3), 55A and 60 of the Act respecting Workers' Protection and the Working Environment (1977) which contains provisions regulating wage deductions and protecting the right to organize in connection with recruitment requirements. Workers are also protected against unfair dismissal because the conditions under which their employment may be terminated, are clearly specified. Dismissal will be considered unfair if it is based on an employee's political views, union membership, activities as a union representative or decision not to join a union. There can be recourse to legal action in cases of alleged violations of these provisions. The principles of Convention No. 87 are applied, and MNEs must act in accordance with them. National legislation is in conformity with the principles of the Declaration and there is ongoing consultation between the social partners to develop and improve existing regulations, and industrial relations policies and practices. The Confederation of Norwegian Business and Industry shares the views expressed by the Government.

According to the Government of Pakistan, the 1969 Industrial Relations Ordinance allows workers and employers in MNEs to exercise fully their right to freedom of association. Labour disputes are resolved through bilateral negotiations. If necessary, a conciliator is appointed. Workers' and employers' organizations in MNEs are permitted to affiliate with international federations and organizations of their own choosing. Special incentives offered to attract FDI in no way limit the exercise of workers' rights. In keeping with the principles of the Declaration, there are no restrictions on the entry of representatives of foreign workers' and employers' organizations who come at the invitation of the respective local or national organizations. The Employers' Federation of Pakistan reports that freedom of association is guaranteed under the Constitution and the Industrial Relations Ordinance. In cases of violations, workers can take the matter to Court, the National Industrial Relations Commission and the Supreme Court. In the EPZs, certain MNEs have been exempted from applying some of the provisions of the relevant labour laws. All other enterprises must obey the law on freedom of association or face legal action if they fail to do so. MNEs, particularly those from developed countries, tend to be more concerned about freedom of association and collective bargaining, partly because they follow policies laid down by the parent company. Tripartite efforts are being made to develop and improve industrial relations policies and practices, and bring them into line with the aims of the Declaration.

The Government notes that the right of workers and employers in Poland to organize and defend their interests is guaranteed by the Trade Union Act of 23 May 1991, the Act of 23 May 1991 on Employers' Organizations and the Act of 23 May 1991 concerning the Settlement of Collective Disputes. During the period under review, the Act of 29 September 1994 was passed, amending the Labour Code, which lays down rules and procedures for the conclusion of collective agreements at the enterprise and higher levels (e.g. for an entire industry or profession). These agreements are sometimes reinforced by "social agreements" entered into by foreign investors in privatized SOEs and organizations representing workers in these enterprises. There are no legal or practical restrictions on the exercise of the right to organize and bargain collectively, and the results of inspections of 2,120 MNEs in 1995 have shown that 95 per cent respected trade union rights. The Independent Self-Governing Trade Union "Solidarno" notes that there is a general tendency among MNEs in Poland to accept trade unions in privatized SOEs. However, according to the information it has received, this is not the case with new MNEs, where workers are not always able to exercise fully their right to freedom of association. In its view, the fact that the law provides for the imposition of a fine in cases of violations of this right is not sufficient. There have been no investment-promotion incentives that have had the effect of restricting the exercise of workers' rights. There have been no efforts to develop and improve labour relations policies and practices to make them consistent with the principles of the Tripartite Declaration.

The Government of Portugal states that its reply to the fifth survey is still valid. It adds that all enterprises regardless of their ownership must observe the legally prescribed standards of industrial relations. The General Union of Workers notes that while there are no restrictions on the right to organize, in practice, unions face certain difficulties in exercising their activities fully (e.g., lack of information and problems of organizing workers in certain companies). The establishment of MNEs in Portugal has not led to restrictions on workers' rights. The social partners have not been given a hearing by Government as regards FDI-related matters and the provisions of agreements governing the establishment of MNEs.

The Government of Romania is not aware of cases of workers in MNEs being restricted from exercising their rights. Initiatives for attracting FDI do not restrict freedom of association, and the right to organize and collective bargaining. Romania has ratified Conventions Nos. 144, 154 and 168. The Government has submitted a bill to Parliament on the functioning of the Economic and Social Committee which is a tripartite consultative body. Three other relevant institutional arrangements are mentioned: a government department dealing with relations with trade unions and employers' organizations, the National Agency for Employment and Vocational Training, and the National Council for Vocational Training. Led by tripartite boards of directors, the two latter bodies will become operational in 1996.

The St. Vincent Employers' Federation reports that the Ministry of Labour is currently involved in efforts to resolve a case of non-observance of the principle of freedom of association. There are no investment-promotion incentives that limit workers' rights. There are ongoing initiatives to harmonize industrial relations policies and standards at the level of the Caribbean Community and Common Market.

The Government of Singapore reports that MNEs generally observe workers' rights. By law, workers are free to organize or join unions. Local employers' organizations to which MNEs are affiliated, generally inform them of the industrial relations system that applies in the country. The Ministry of Labour also plays an important role in advising employers to respect national law and practice. Sanctions are imposed on employers who engage in anti-union activities. There are established procedures for resolving individual and collective disputes which may arise over issues such as the recognition of unions, terms and conditions of employment and wages. Incentives for encouraging inward FDI in no way limit workers' freedom of association and the right to bargain collectively. There is an ongoing process of promoting tripartism and this has made for constructive discussions on major labour issues. The National Trades Union Congress concurs with the Government of Singapore.

The Government states that freedom of association is guaranteed by the national Constitution and fully respected in Slovakia. There are no restrictions on the number of trade unions, nor any encouragement of specific unions in certain companies and industries. Under the Freedom of Association Act, any violation of the right to associate freely is considered to be a criminal offence that is punishable by imprisonment or a fine. Appropriate macroeconomic policies are being implemented to promote privatization and encourage foreign investment, including by MNEs. The Government has provided a further incentive to attract foreign investment, by establishing the National Property Fund of the Slovak Republic which guarantees such investments. Foreign investors must respect the right of workers to form and join trade unions and bargain collectively.

The Government of Spain states that all enterprises must respect the principles of freedom of association and the right to organize which are enshrined in the Constitution of Spain, and other laws such as Royal Decree 2/1995 of 7 April to approve the amended text of the Labour Procedure Act. The information and consultation procedures set out in Council Directive 94/45 of 22 September will be promoted at the national level through legislation that will be drawn up in this regard. The Government summarizes the main features of the Directive on the establishment of a European Works Council. The General Union of Workers says that workers in MNEs in Spain have the same rights as those in other enterprises. Multinationals usually respect the principles and norms relating to freedom of association. None the less, there are some (origin mentioned) which try to prevent the emergence of trade union representation in their Spanish subsidiaries, and in a few cases they prefer to promote company unions. In such situations the unions and the workers concerned can take the matter to the labour court, as long as the measures taken by the enterprises are in violation of the applicable standards. There are no investment-promotion incentives which adversely affect the exercise of freedom of association. The industrial relations policies and practices of enterprises are in line with the principles of the Tripartite Declaration and the unions are prepared to denounce all actions that run counter to these principles.

According to the Government of Sri Lanka, workers in many MNEs, particularly in the EPZs, have been denied the right to freedom of association. However, measures to remedy this are provided for in the National Workers' Charter which was recently drawn up, and which makes trade union recognition mandatory. National legislation is being introduced to implement the provisions of the Charter. There is no information on whether any new initiatives have been taken to attract FDI. However, government policy makes it clear that such measures will in no way limit workers' freedom to organize and engage in collective bargaining. Legislation is being introduced to make the recognition of trade unions mandatory and to prevent anti-union discrimination. Industrial relations policies and practices are being improved due to the increasing numbers of workers' and employers' organizations engaging in collective bargaining. The Lanka Jathika Estate Workers' Union reports that although the labour laws apply equally to workers in all enterprises in Sri Lanka, in practice, workers in EPZs face difficulties -- e.g., possible reprisals on the part of their employers -- when trying to organize. Workers are also reluctant to get involved in trade union activities for fear of dismissal. Employers are cooperating with their workers' representatives in joint consultative councils to look into issues relating to workers' welfare. These appear to be the only workers' organizations operating within the EPZs.

According to the Government of Swaziland, there is no evidence of MNEs having restricted workers from exercising fully their right to freedom of association, nor have there been any allegations by workers that MNEs have not observed the principle of freedom of association. The incentives offered to attract foreign investment do not in any way limit the right of workers to freedom of association and the right to organize and bargain collectively. Tripartite meetings are frequently organized for the social partners to try to iron out any differences that may exist between them and also to promote the spirit of free consultation and association.

The Government of Sweden notes that there is no distinction between MNEs and local enterprises as regards the obligation to respect the right to exercise freedom of association, to organize and to bargain collectively. The Swedish Employers' Confederation and the Federation of Swedish Industries state that they have nothing new to add to the Government's report.

The Government of Switzerland reports that under the national Constitution, workers have the right to join or not to join an organization, and it is prohibited to influence their choice in this regard. These principles apply to all individuals and legal entities in the country. The law protects workers against unfair dismissal, which includes dismissals as a result of membership or non-membership in a workers' organization and the exercise of rights inherent to freedom of association. The Government is not aware of cases of MNEs involved in dismissals for these reasons. Efforts to promote economic activities at cantonal or national levels in no way impinge on freedom of association. The Central Union of Swiss Employers' Associations indicates that its reply to the last survey is still applicable. The right to organize is fully respected. Industrial relations, based on the concept of "industrial peace" which was introduced in 1937, can be described as "very good". Set up on a voluntary basis, works councils are widespread in industry, thereby enabling management to inform representatives of production workers and office staff on various matters. These practices are reinforced by the Workers' Participation Act, under which workers in all enterprises must be informed on OSH matters, transfer of the enterprise and collective dismissals. For example, article 8 of the Collective Agreement covering the Machine Industry provides for labour-management cooperation and for the establishment of Joint Committees to deal with questions relating to training, equality between men and women, OSH and the environment. There are to be annual meetings to exchange views. The Federation of Commerce, Transport and Food Industries Workers' Union has concluded collective agreements and kept good relations with many MNEs for decades, particularly with those operating in the food industry in Switzerland. This is not the case with MNEs in retailing, a large number of which are reluctant to deal with trade unions.

The Government of the Syrian Arab Republic indicates that workers in MNEs have the right to exercise freedom of association. Initiatives to attract FDI do not impinge on freedom of association and the right to collective bargaining. The principles embodied in the Declaration are considered to be "sound and sufficient". The Chamber of Industry agrees with the statement made by the Government of the Syrian Arab Republic.

The Government of Thailand states that national legislation governing freedom of association applies to workers in all enterprises. However, there are allegations of non-observance of these principles by some MNEs which discourage workers from engaging in trade union activites. The Government does not impose limitations on workers' rights in order to attract FDI. It has made great efforts to develop and improve industrial relations policies and practices. Many tripartite consultations, involving also MNEs, have been held in this regard.

The Government of Trinidad and Tobago replies in the negative to the first question. It confirms that there have been new initiatives to attract FDI. There is the 1990 Foreign Investment Act which repeals the Alien Landholding Act, thereby enabling foreigners to invest in private companies, and to acquire land for residential and commercial purposes without requiring a licence. The Free Zones Act No. 19 of 1988 (amended through Act No. 6 of 1991 and Act No. 33 of 1995), grants unlimited tax holidays, and allows duty-free status for imports for those enterprises exporting at least 80 per cent of their output outside of the Caribbean Community and Common Market. The Central Bank Amendment Act No. 23 of 1994 redefines the role of the Central Bank in the light of the removal of foreign exchange controls in April 1993. It should be noted that these incentives do not in any way limit freedom of association and the right to organize and bargain collectively. Industrial relations in free zone companies set up under the Free Zone Act are, and will continue to be, in keeping with the principles of the Tripartite Declaration. Other relevant regulations are also expected to be issued. The Employers' Consultative Association of Trinidad and Tobago replies in the negative to the first two questions.

The Government reports that trade unions' rights are protected under article 8 of the Constitution of Tunisia, section 242 of the 1966 Labour Code, the 1973 Framework Collective Agreement (amended in 1984), which applies to all non-agricultural activities, and the National Sectoral Collective Agreements. Among the rights that are guaranteed is that of trade union officials to be received by the employer (or the employer's representative) once per month and whenever there is an emergency. The law prohibits employers from discriminating against workers either because they belong or do not belong to a union. Tunisia has ratified Conventions Nos. 87, 98 and 111 and these instruments are fully respected. Act No. 93-120 (27 December 1993) concerning the promotion of investment, applies to both foreign and local investors, and in no way violates the workers' rights to organize and to bargain collectively. According to the Tunisian Confederation of Industry, Trade and Handicrafts, the national Labour Code guarantees trade union rights and freedom of expression. Its provisions apply to sectoral collective agreements and are implemented by all enterprises. The Government applies the principles embodied in Conventions Nos. 87 and 98 and the laws provide for the conclusion of collective agreements at the sectoral and enterprise levels. These laws apply to both national and multinational enterprises.

The Government of Turkey replies that workers in MNEs enjoy the same rights as those in domestic enterprises and there are no restrictions on their ability to exercise these rights. In an effort to attract FDI, Act No. 6224 on the Encouragement of Foreign Capital came into force during the period under review. Its main objective is to promote economic development and provide for the increased participation of domestic and foreign private enterprises. However, foreign investors cannot acquire the majority share of a monopoly in the country. No incentive has been offered that would limit in any way the right to freedom of association and the right to organize and bargain collectively. However, the law concerning free zones waives the application of the national legislation in relation to strikes, lockouts and conciliation for a period of ten years. Disputes arising during this period shall be dealt with by the Supreme Arbitration Committee. Collective agreements can only be concluded between unions and employers in a given enterprise. Some efforts have been made by the Government to develop and improve the industrial relations policies and practices and to bring them into conformity with the principles of the Declaration. MNEs must comply with the labour legislation and the relevant collective agreements. Membership in national employers' associations is open to MNEs, and many of them, especially in the petroleum, chemical, rubber and food industries, belong to the Confederation of Turkish Employer Associations. Legislation concerning trade unions and employers' associations provides for international affiliation, on condition that these organizations fulfil certain requirements. According to the Turkish Confederation of Employer Associations, MNEs and national enterprises are governed by the national labour legislation and collective agreements. The Confederation of Turkish Trade Unions states that cases of violations of the right to freedom of association by MNEs are becoming frequent. They have all been referred to the Court. With regard to incentives to attract FDI, the Law on Free Zones prohibits strike action by workers for a period of ten years. No special efforts have been made to improve industrial relations policies and practices to bring them into line with the principles of the Declaration.

The Government of the United Kingdom stresses that national standards of industrial relations apply to all enterprises and there is no evidence of differences in the norms observed by MNEs. All workers have the right to belong to a trade union. To dismiss or discriminate against them for exercising this right is against the law. Since 1992, legislation has been passed, providing for the following: the right to hold a "fully postal ballot" before being called upon to take industrial action by a union; the right to go to court to restrain the unlawful organization of industrial action which deprives the individual of any goods and services; the right to seek settlement by an industrial tribunal if denied membership of a particular union because of an inter-union agreement that restricts or seeks to restrict membership; the right to confirm the willingness to have union membership subscriptions deducted directly from pay by the employer; the right to an annual statement of the union's financial affairs; and the right to seek a settlement by an industrial tribunal if disciplined by a union for either working with or proposing to work with non-union members, or workers belonging to another union. Employers also have the right to go to court to restrain the organization of industrial action if the union did not give at least seven days' notice of its intent to ballot its members before organizing the action, and at least seven days' notice of the planned industrial action, after the ballot has been held. The Confederation of British Industry notes that, like national enterprises, MNEs must observe the industrial relations standards applicable in the UK. All workers can exercise freedom of association and the right to organize. Initiatives for attracting FDI do not pose industrial relations problems in MNEs, and the principles of the Declaration are fully respected.

The Government of the United States reports that the National Labor Relations Act (NLRA) applies to all enterprises including MNEs. It governs relations between most private employers and their non-supervisory employees. All employees covered by the NLRA are guaranteed the right to establish and join workers' organizations without the authorization of the employer. They are also protected against anti-union discrimination. However, under the law employers are free to express opposition to the organization of their employees, as long as there are no threats of reprisal, coercion or other forms of interference. Under the US Constitution, MNEs, like national enterprises, have the right to choose whether or not to join employers' organizations. US law and practice do not restrict MNEs and their representative organizations, nor workers' organizations, from affiliating to international employers' and workers' organizations of their choice. No special incentives are given to foreign investors at the federal level. While often mistakenly regarded as investment incentives, the so-called "right-to-work laws" of several states do not restrict the right of workers in any enterprise to join or not to join a union, or to organize and bargain collectively. Since the NLRA grants employees the right to organize, any incentives to MNEs or any other enterprises that limit the exercise of this right would be contrary to the law. The policies and procedures applicable to meetings of representatives of workers of MNEs for consultation and exchanges of views among themselves, are the same as those applicable to the representatives of workers employed by national enterprises. Employees and their representatives generally enjoy the right to meet and exchange views during "non-work time" and in "non-work areas". There are no restrictions on employers' and workers' representatives from other countries entering the US for consultations with local or national organizations on matters of mutual concern, as long as entry is sought for that purpose. According to the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), workers in MNEs are restricted from exercising the right to freedom of association because of "harassment, intimidation and firing of union organizers and supporters", as well as the permanent replacement of workers who "engage in certain forms of strikes". It draws attention to the conclusion of the ILO's Committee on Freedom of Association which, with reference to the replacement of workers on strike in the US, stated that the right to strike is "... not really guaranteed when a worker who exercises it legally runs the risk of seeing his or her job taken up permanently by another worker, just as legally" (session not indicated). The AFL-CIO gives the example of a US-owned MNE (name given) which fired 235 workers in July 1994 only days before a vote on union representation was to take place. Unions in Mexico filed a complaint with the National Administrative Office (NAO) in Mexico, set up under the North American Agreement on Labor Cooperation, to protest against the company's actions in the US and called for the company to be prohibited from operating in Mexico until it complied with US labour law. The National Labor Relations Board did not consider the closing of the office to be in violation of US labour laws. However, the company reportedly admitted to a number of violations of workers' rights. The workers were subsequently rehired and the company agreed to recognize unions both in the US and Mexico when there is a majority vote in favour of unionization. No final decision has yet been reached on this case. The AFL-CIO also notes that workers in MNEs operating in certain overseas US territories (one example cited) are subject to anti-union discrimination, unsatisfactory conditions of work and various forms of violation of civil and workers' rights. As regards investment-promotion incentives, states with "right-to-work" laws have lower labour standards, which are often used to attract investors. It cites the example of a foreign-owned multinational in the automobile industry (name given), which decided to invest in South Carolina because of the attractive incentive package which included tax breaks, upgraded airport infrastructure and low labour costs. The AFL-CIO points out that the MNE has a policy of paying higher than average wages in order to discourage workers from organizing. Very low unionization rates are said to be among the main factors that attract investment to certain states. It notes that the Tripartite Declaration is "virtually unknown" in the US and many enterprises adopt codes of conduct which make no reference to this instrument, nor to the OECD Guidelines.

According to the Government of Uruguay, the standards relating to industrial relations apply to both domestic and foreign enterprises. Where these are not respected, they can be, and have been, reported. Investment-promotion incentives in no way obstruct the exercise of freedom of association and the right to bargain collectively which are guaranteed by law.

The Government of Venezuela reports that the national legislation concerning trade union rights applies to both national and foreign enterprises and the State ensures that the laws are respected. Neither the State nor MNEs obstruct the exercise of these rights and there have been no complaints from workers in this regard. Recent initiatives to attract FDI, particularly in the petroleum sector, in no way limit workers' rights. According to the Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations, there are no restrictions on the exercise of trade union rights. There have been initiatives for boosting inward FDI, but these in no way limit the right of workers to organize and bargain collectively. As regards the improvement of industrial relations policies and practices, efforts have been made with respect to freedom of association, as well as the revision and elaboration of collective agreements.

The Government of Zambia states that the quality of labour-management relations determines the climate of industrial relations in a given workplace. Therefore it encourages industrial peace and the expeditious settlement of industrial disputes. The establishment and functioning of trade unions and employers' organizations are regulated by the 1993 Industrial and Labour Relations Act. There have been isolated cases, reported to the Ministry of Labour, of MNEs denying workers their right to exercise fully, freedom of association. This practice may be attributed to the perception of some employers, particularly new investors, that workers' organizations are not necessary in a liberalized economy. The reasoning is that individual employees should be left to negotiate their terms and conditions of employment with their employers. Recently enacted legislation guaranteeing freedom of association and the right to organize should contribute to bringing about a change of attitudes in this regard. The encouragement of inward FDI ranks as a high priority, but the State has no intention of eroding any workers' rights provided for in the Industrial and Labour Relations Act. There is no problem for Zambian workers' and employers' representatives to affiliate with international organizations, if they wish. Everything possible is being done to improve and develop industrial relations policies and to ensure that they contribute to higher productivity in the country.

The Government states that Zimbabwe respects the right of workers to join trade unions. Investment-promoting incentives offered by Government do not limit the right to freedom of association. The Employers' Confederation of Zimbabwe notes that there are no limitations on the ability of workers to exercise the right to freedom of association. There are a few cases of alleged failure to observe this principle by employers who are accused of "influencing trade unions". The Labour Relations Act provides for the observance of these principles and aggrieved persons can utilize the dispute settlement mechanism. There have been new initiatives to attract FDI, including an Act of Parliament to facilitate the establishment of EPZs. The Act also provides for the labour legislation in these zones to be waived. This could lead to restrictions on the right to associate freely and to organize and bargain collectively. Employers' and employees' representatives meet regularly with the Government to discuss matters of mutual interest, and in particular to develop and improve industrial relations policies and practices. Similarly, employers' organizations and employees' representatives meet on a bilateral basis to discuss industrial relations matters at the industry and sectoral levels.

Collective bargaining (Paragraphs 48-55)

(1) Do representative organizations of workers in MNEs face legal or practical problems in being recognized for the purpose of collective bargaining, or in carrying out such bargaining? If so, please explain.

(2) Do representatives of workers encounter problems in negotiations because representatives of MNEs have to refer matters to headquarters prior to agreement and implementation?

(3) Do multinational enterprises provide their workers' representatives with the necessary facilities, as well as appropriate/adequate information required for meaningful negotiation, including a true and fair view of the performance of the entity or of the enterprise as a whole?

The Government of Antigua and Barbuda says that representative organizations of workers in MNEs face no problems with regard to collective bargaining. There have been very few problems because of the need for representatives of MNEs to refer matters to headquarters. MNEs provide the necessary facilities and information for there to be meaningful negotiations.

The Government of Argentina states that the information contained in its reply to the fifth survey is still applicable.

The Government of Australia reports that there is no evidence of any obstacles to the recognition of unions and the carrying out of collective bargaining. The legislation in force lays down guidelines and requirements which must be met before an agreement or award can be registered in the federal industrial relations system. In order to obtain awards or have an agreement certified, trade unions and employers' organizations must be registered according to Part IX of the Industrial Relations Act (IR Act). Under this Act industrial action may, if necessary, be taken by workers negotiating an agreement with an individual enterprise. Foreign-owned enterprises with unionized workers are more likely than local private enterprises with unions to provide workers' representatives with the necessary facilities for undertaking meaningful negotiations. It is difficult to determine whether workers' representatives are supplied with appropriate and adequate information. However, the law requires that both parties hold "genuine consultations" and the Australian Industrial Relations Commission, can, under the IR Act, issue orders to ensure that negotiations are carried out in good faith and to facilitate the conclusion of agreements. In Queensland, employers and the unions concerned determine the facilities to be provided. By virtue of the recent ratification of Convention No. 135, workers' representatives are protected against prejudicial acts and guaranteed facilities for carrying out their activities.

The Government of the Bahamas indicates that workers in MNEs do not face legal or practical problems in being recognized for the purpose of collective bargaining or in carrying out such negotiations. In April 1996, Chapter 296 of the Industrial Relations Act was amended with a view to improving procedures for union recognition and collective bargaining. Only in one or two cases have representatives of MNEs referred matters to headquarters prior to concluding or implementing agreements. The Government is of the view that most MNEs realize that an honest and straightforward way of dealing with unions will yield positive results without industrial action. Unions obtain information either from management or from their contacts in other subsidiaries.

The Government of Bangladesh reports that the representative character of the workers of the MNEs for the purpose of collective bargaining is determined by law. Where there are infringements, legal action may be taken by the workers. The Government is not aware of problems faced by workers due to the need for representatives of MNEs to refer matters under negotiation to the parent company. The Bangladesh Employers' Association agrees with the Government and adds that, to the best of its knowledge, there is a free exchange of views and information during the negotiation process.

According to the Government, Barbados has a "system of voluntary industrial relations" which is applicable to both MNEs and national enterprises. Certain kinds of disputes (e.g. the granting of union recognition for the purpose of collective bargaining) may be submitted to the Labour Department for conciliation. It may, if requested, conduct a survey to ascertain the size of trade union membership. Occasionally, MNEs' representatives must refer matters to headquarters prior to concluding or implementing an agreement. However, no problems, other than delays, have been identified. Employers do not readily provide workers' representatives with information on the financial situation of the company concerned, nor other vital information for use during negotiations. There are no legal obligations for them to provide such information. The extent to which certain financial information is provided depends on the relationship between the parties. The Barbados Employers' Confederation states that no legal or other problems are experienced by workers' representatives in being recognized for the purpose of collective bargaining. It is not aware of any problem in negotiations because of the need for MNEs' representatives to consult with management at headquarters. According to the Barbados Workers' Union, trade unions face no legal problems in being recognized for the purpose of collective bargaining or in carrying out such bargaining, but they do have problems gaining access to workers. Workers' representatives do not face problems in negotiations because representatives of MNEs have to refer matters to headquarters. MNEs do not normally provide workers' representatives with the necessary facilities and information required for meaningful negotiations.

The Government of Belgium points out that the threat of relocation is regularly used by MNEs during collective bargaining. Regarding the duty to inform and consult with workers, a major hindrance to smooth collective bargaining is caused by cultural factors, such as the choice of dispute settlement mechanism. The management of MNEs from countries where there is frequent recourse to tribunals tends to resort to such channels instead of using the available conciliation and negotiation mechanisms. The former procedures are time-consuming and harmful to negotiations. Furthermore, local management finds itself caught between a lack of understanding of the situation by management in the parent company and the exigencies of dealing with matters using procedures that are appropriate to the local context. Referring to works councils, Government is of the view that workers' organizations in different enterprises belonging to the same group, but located in different host countries, are likely to face similar difficulties. As regards consultations between management and headquarters, these are quite frequent during and even after negotiations. With respect to the provision of information and facilities for the purpose of collective bargaining, there are enterprises that respect the legislation in this regard, but problems have also arisen. The National Labour Council (NLC) notes that in Belgium, there have been problems in some cases for workers' representatives to negotiate with local management. In spite of efforts to harmonize the relevant laws at the European level, differences with respect to their implementation and inadequate cooperation among EU countries still exist. However, the NLC notes that because of the agreement concluded on 31 October 1991 between the social partners at the European level (contained in the Protocol on Social Policy annexed to the Treaty establishing the European Community (now the EU)), there is the possibility of concluding collective agreements at the European level.

The Government states that workers in MNEs in Brazil face no legal or practical problems to be recognized for the purpose of collective bargaining, nor have there been reports of difficulties because representatives of MNEs have to consult headquarters before concluding or implementing agreements. It notes that for the purpose of negotiating provisions on wages and productivity, workers often demand access to financial and accounting data which enterprises consider to be of a confidential nature. According to the Single Central Organization of Workers some MNEs in Brazil either dismiss or refuse to recognize workers' representatives in order to avoid collective bargaining. The legal procedures for resolving such problems are rather slow, thereby putting the unions at a disadvantage. It notes that there are frequent deadlocks in negotiations because representatives of MNEs have to consult headquarters, and calls for greater negotiating power for local management. There is a lack of transparency. Unions need to be better informed about the economic situation of enterprises, conditions of work and the working environment. There is no legal requirement as regards providing workers' representatives with basic information concerning enterprises.

The Government of Cambodia indicates that there are no workers' organizations yet, but there are staff representatives in enterprises. Workers' representatives do not face difficulties in negotiations as the result of management having to refer matters back to headquarters, and they are provided with the necessary facilities and information.

The Government of Canada and the Government of the Province of Quebec report that, on the whole, their replies to the last survey are still applicable.

The Government of Chad notes that organizations representing workers in MNEs have not reported any problems with regard to being recognized for the purpose of collective bargaining and with regard to representatives of MNEs having to refer matters to headquarters before concluding agreements. MNEs do not provide the necessary facilities and adequate information, and workers do not seem to see the need for this.

As regards collective bargaining, workers in MNEs enjoy the same rights as those in other enterprises in Chile, reports the Government. The Labour Code provides for bargaining to take place either in individual enterprises or involving several enterprises. Federations and confederations can submit on behalf of their affiliated trade unions, draft collective agreements to the employers concerned. This requires the mutual consent of the relevant employers' and workers' organizations. Negotiators from both sides usually have full powers to bargain. Practices that obstruct the bargaining process are prohibited by the Labour Code. There is no evidence of workers' representatives having difficulties in this regard. Under the Labour Code workers must be furnished with information on the economic situation of the enterprise. The Government is discussing a Bill to improve the collective bargaining process by enhancing the scope and recency of information on the financial situation of enterprises and labour costs.

The Government of Colombia states that workers' organizations are in no way hindered from exercising their rights. Workers' representatives do not face problems when negotiating with representatives of MNEs because they have to refer matters to headquarters. Agreements are binding on the parties who must have full powers when negotiating agreements. MNEs, like national enterprises, must supply information concerning the workforce, as well as the economic and financial situation of the company. They must give the Government financial reports. Since these become publicly available, they are accessible to workers' organizations. MNEs provide facilities which may be used for trade union activities. The National Association of Manufacturers states that by law, workers in all enterprises in Colombia can have representative organizations of their choice, recognized for the purpose of collective bargaining. Act 50 of 1990 enables workers involved in collective bargaining to bring along two representatives from workers' organizations to serve as advisers. Workers are provided with adequate information and facilities for the purpose of collective bargaining. Sometimes companies pay travel costs for those negotiating on the workers' behalf. The General Confederation of Democratic Workers (Colombia) notes that in the exceptional cases where unions are formed, workers have to go through a long legal process to get the employers to agree to engage in collective bargaining. The situation can become quite complicated if the union's members comprise only a small number of the total workforce. There have been cases in which, by the time the competent authorities had issued the necessary documents obliging the employers to respond favourably to the union's request for negotiation, the union no longer existed because its officers had already been dismissed. These difficulties occur in both national enterprises and MNEs in Colombia. Unions, where they exist, do experience problems in negotiations with MNEs which, like local enterprises, generally have an anti-union policy. Information is not provided to workers, on the grounds that it is confidential.

According to the Government of Costa Rica there are rules governing the recognition of workers' organizations for the purpose of collective bargaining and problems in this regard do not arise. Workers' representatives do not face problems in negotiations because representatives of MNEs have to refer matters to the parent company. Multinationals usually supply only the information required for collective bargaining.

The Government of the Czech Republic states that Law No. 2/1991 concerning collective bargaining applies to both national enterprises and MNEs. Collective bargaining is conducted at the enterprise, branch and industrial levels, and approximately 40 per cent of the workforce in industry is unionized. In traditional industries such as glass, and iron and steel, the unionization rate is about 80 per cent. Trade union membership, particularly in the newly established SMEs, is on the decline. An amendment to the Labour Code in 1994 provides for there to be "internal regulations" in enterprises where there are no unions, enabling employers to provide workers with collective benefits and higher standards than those set by law or contained in individual labour contracts. Certain enterprises offer benefits and working conditions that surpass those negotiated in branch-level collective agreements. Collective bargaining takes place without major problems in most enterprises where there are trade unions. According to the Czech and Moravian Chamber of Trade Unions, the situation with regard to collective bargaining varies by company and sector. Strong trade unions are better able to negotiate than weaker ones. The anti-union stance being adopted by the Government and certain segments of the media has served to undermine the credibility of trade unions. In some cases, trade unions are not being treated as equal negotiating partners and are sometimes forced to accept incomplete contracts, thereby promoting management's objectives. In others, various forms of employee representation are being encouraged -- e.g., separate factory unions or employee councils, and (in one MNE) a combination of different forms of representation. These practices have led to new non-standardized methods of negotiation. There have been cases of local management downgrading the terms of employment originally established by the parent company. The provision of facilities and information to trade unions has not been uniform. Generally, this has been dependent on the willingness and capacity of the trade union to identify and demand the necessary information and to evaluate and use it for the purpose of negotiation. The complexity of the collective bargaining process, the content of collective agreements and the role of trade union leaders generally depend on the quality of labour-management relations within the enterprise.

The Dominica Employers' Federation states that trade unions face some practical problems which they describe as anti-union tactics to frustrate collective bargaining efforts. Those MNEs which have to refer matters to headquarters prior to agreement and implementation are in the minority. As regards the provision of facilities and information, practices vary among companies.

According to the Government of Ecuador, the Labour Code states that all employers with 30 or more workers who are organized must conclude a collective agreement when called upon to do so and such agreements must be in writing. It further stipulates that if there are, within the same enterprise, several workers' organizations in the same branch of industrial activity, the collective agreement must be negotiated with the one which has the largest membership. The Code states that if the nature of the activities within the enterprise is such that there are workers in different branches of industry, the collective agreement must be concluded with a delegation representing the different associations, as agreed by them. If there is no agreement in this regard, the associations from each branch will negotiate agreements setting out conditions that concern their specific activities within the enterprise. Section 455 indicates that all enterprises with at least 30 workers can have a works council for the purpose of negotiating collective agreements and dealing with collective labour disputes. Enterprises have generally been favourable to concluding collective agreements. Both employers and workers must have representatives who are capable of taking decisions on the matters under negotiation. As regards paragraph 52 of the Tripartite Declaration, actions that thwart collective bargaining are not possible in Ecuador, given the tripartite nature of the negotiations in which the Government is involved and because the closure of all or part of the enterprise would require the payment of considerable compensation to the workers. Moreover, the transfer of workers from other countries as a means of obstructing negotiations is not possible under the present immigration laws. Procedures for settling disputes, including those relating to the application of collective agreements, are generally set out in collective agreements. For example, the Government points out that the collective agreement signed by a major food and drink MNE (named) sets out internal dispute settlement procedures. Most collective agreements provide for workers' representatives to have access to management for the purpose of obtaining information on the situation of the enterprise. Moreover, all foreign enterprises operating in the country are subject to the Companies Act which requires that they provide the competent authorities with information on the economic situation of the enterprise. Heavy fines are imposed on those who refuse to provide such information.

The Government of Egypt indicates that collective bargaining, labour-management consultation and cooperation, the examination of grievances and dispute settlement are governed by the Labour Code, which also applies to MNEs. There have been no problems in this regard. According to information supplied by the Federation of Egyptian Industries, representative workers' organizations in pharmaceutical companies and in the metal trades (named) do not face problems in being recognized for the purpose of collective bargaining nor in the process of such negotiations. They have not faced problems as the result of management having to refer matters to headquarters before reaching an agreement. There are examples of pharmaceutical enterprises that provide workers with appropriate information for conducting meaningful negotiations and obtaining a fair view of the enterprise.

In the opinion of the Association of Estonian Trade Unions, representatives of MNEs oppose collective bargaining, and on several occasions they have raised objections about the representativeness of trade unions.

According to the Ethiopian Government, Labour Proclamation No. 42/1993 recognizes the right to bargain and conclude collective agreements with individual employers or their representative organizations.

The Government of Finland reports that organizations representing workers in MNEs face no legal or other problems as regards collective bargaining, nor do they encounter undue delays in the course of negotiations. MNEs provide workers' representatives with the necessary facilities and appropriate information (including that which gives a true and fair view of the performance of the entity), required for meaningful negotiations. The Confederation of Finnish Industry and Employers and the Employers' Confederation of Service Industries point out that there is nothing new to report. The Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) mention some instances where in the heat of negotiations some enterprises have threatened to transfer production abroad. One case (unnamed) has been reported where foreign owners of an enterprise, in response to threats of a general strike, said that they would consider transferring production abroad. However, such threats have not been carried out, and their real significance is therefore difficult to assess. The major issue relating to MNEs is the adoption of the Council Directive on the establishment of a European Works Council. Negotiations for establishing such councils in many MNEs were started in 1995, as was preparation for incorporating the Directive into national law. Earlier attempts at establishing international works' councils had been successful only in very few cases. Without the Directive, the response to workers' concerns about information and consultation would have been insufficient.

Organizations representing workers in MNEs do not face problems with regard to being recognized for the purpose of collective bargaining, states the Government of Gabon. However, they sometimes encounter problems when bargaining for higher wages as representatives of MNEs refer back to headquarters before reaching a settlement. Workers' representatives are provided with both the necessary facilities and adequate information for the purpose of meaningful negotiations. The Gabonese Confederation of Free Trade Unions (CGSL) points to the frequent problems faced by affiliates when they are not recognized by either the Government or the employers. However, the situation is changing and will certainly be better when collective agreements contain provisions regarding the criteria for determining the representativeness of a trade union, the number of union delegates in an enterprise and their role and competency. Great difficulties have always arisen in negotiations with the local management of MNEs as the latter always refer matters to management in the home country prior to reaching an agreement. Since this leads to strikes, the CGSL urges that management in the host country be given full powers to negotiate. Furthermore, workers' representatives are not supplied with the necessary facilities and appropriate information for the purpose of collective bargaining.

The Government of Germany states that its reply to the fourth survey is still applicable.

The Government reports that in Grenada, representative workers' organizations face neither legal nor practical problems in relation to bargaining. However they encounter difficulties in negotiations because MNEs' representatives have to refer matters to headquarters prior to reaching a final agreement. Workers' representatives are not provided with the necessary facilities and information required for meaningful negotiations.

The Government of Hungary states that it is not in a position to provide information on whether or not workers or their representatives in MNEs experience problems in the collective bargaining process. According to the National Confederation of Hungarian Trade Unions, the National Federation of Workers' Councils and the National Federation of Autonomous Trade Unions, labour relations in MNEs can be divided into two categories. In the first, MNEs involved in greenfield investment usually either resist, or use subtle means to delay, workers' efforts to organize and set up works councils. The unions referred to two cases; one employer increased wages by 20 per cent to discourage unionization, and the other granted exclusive recognition to the Works Council in a bid to keep union officials off the premises. In the second category, there are newly privatized companies, where efforts are made to support the activities of existing trade unions. Employers strive to keep good relations with the unions, by maintaining existing arrangements for them to function and showing some interest in their activities. However, where workers are employed under individual contracts as opposed to contracts that embody the provisions of collective agreements, the possibilities for trade union activities are somewhat limited. There is no industry-wide collective bargaining and some MNEs are reluctant to engage in enterprise-level bargaining which is typical in Hungary. Collective bargaining often lasts for two to three years, because of the involvement of the parent company. Some foreign enterprises are reluctant to make full disclosure about the performance of their enterprises. In cases where they provide limited information, union officials who are privy to such information may be obliged to keep it in strict confidence. The decision-making process is rather complicated due to the extremely complex coordination systems between the local subsidiary and the parent company.

The Government of India reports that MNEs allow duly authorized representatives of their workers to conduct negotiations and representatives of MNEs are authorized to take decisions on all matters under negotiation. According to some workers' organizations, certain MNEs try to "paralyse" trade union activities by threatening to close down the factory. In such circumstances negotiating is rendered more difficult since operations may be run from the MNE's headquarters. According to some workers' organizations, they are not provided with the information required for meaningful negotiations, as there is no system of across-the-board exchange of information.

The Government of Indonesia reports that representative organizations of workers face no problems in being recognized for the purpose of collective bargaining, neither do they encounter obstacles in the course of negotiations because representatives of MNEs do not have sufficient authority to conduct and conclude negotiations. Most MNEs provide the workers' representatives with necessary facilities and information to enable meaningful negotiations to take place.

According to the Government of Ireland, the law does not require that employers recognize workers' organizations for the purpose of collective bargaining. However, it is the practice for this to be done in enterprises where there are unions. The courts have ruled that a union seeking recognition may take industrial action, including strike action. Disputes concerning recognition may be referred to the Labour Relations Commission and the Labour Court. During the period under review, eight disputes involving MNEs were referred to the Court. It is not known whether workers' representatives have had any problems because local management has had to refer matters to the parent company before being able to conclude or implement an agreement. The law does not require private enterprises to supply workers with information for the purpose of collective bargaining. The provision of information and facilities is a matter for negotiation. However, the Code of Practice concerning the Duties and Responsibilities of Employee Representatives and the Protection and Facilities to be afforded them by their Employer (copy attached to the report), which applies to all enterprises, states that labour and management should agree on the particular information and facilities that should be made available. Although not legally binding, this Code may be taken into account in proceedings before the Labour Relations Commission, the Labour Court, the Employment Appeals tribunal or a court of law.

The Government of Italy states that there have been no reports of workers' organizations facing difficulties in being recognized for the purpose of collective bargaining. MNEs supply workers' organizations with facilities and information requested for the purpose of conducting meaningful negotiations. The Council Directive on the establishment of a European Works Council provides for labour to meet with management once a year for information and consultation purposes. The subjects for discussion include the following: the economic and financial situation of the enterprise; major changes in organization; production transfers; the introduction of new work methods and production processes; and collective dismissals. Major MNEs (one enterprise cited as example) have already concluded information and consultation agreements. The General Confederation of Industry replies that in Italy, representative workers' organizations do not face problems to be recognized for the purpose of collective bargaining, nor do they have difficulties because management has to refer matters under discussion to the parent company. MNEs supply the necessary information and facilities for there to be meaningful negotiations.

The Government of Japan states that trade unions in all enterprises can engage in collective bargaining and conclude collective agreements. By law, employers cannot refuse to bargain with trade unions without justification, nor can they exercise pressure to influence the bargaining process. Referring to the cases cited in its reply to paragraphs 40-47 (see reply in relevant section), the Japanese Trade Union Confederation contends that MNEs can delay the process of union recognition for several years by resorting to time-consuming administrative and legal procedures, and by dismissing union leaders. In its opinion, this situation is likely to continue since there are government officials at different levels who adopt an anti-union stance in order to "protect" MNEs, which are seen as important for economic development and employment.

According to the Government of Jordan, workers in MNEs do not face any practical or legal problems in being recognized for the purpose of collective bargaining. Up to now, there have been no problems as a result of MNEs having to consult with headquarters before reaching or implementing an agreement. MNEs and other enterprises are required to provide their workers' representatives with the facilities and information required for negotiations. The Amman Chamber of Industry (Jordan) replies in the affirmative to all three questions.

The Government of the Republic of Korea states that by law workers in MNEs are allowed to form trade unions for the purpose of collective bargaining. Employers are forbidden by law to refuse to enter into collective negotiations without just cause. Unless the representative negotiating on behalf of the MNE is authorized to make decisions, the process may be delayed while matters are referred to headquarters. However, when collective bargaining is concluded, MNEs are obliged to implement the agreement. It is the general practice, in conformity with the relevant collective agreement, for workers' representatives to be given the necessary facilities and adequate information. Workers' organizations have the right to request relevant information from management for the purpose of collective bargaining. In accordance with the Labour-Management Law, management must, at labour-management council meetings, report regularly on the performance, production levels and financial situation of the enterprise. The Korea Employers' Federation notes that representative organizations of workers in MNEs do not face significant legal or practical problems. They do not encounter problems during negotiations because representatives of MNEs have to await authorization from headquarters before concluding an agreement. MNEs provide their workers' representatives with the facilities and appropriate information required for meaningful negotiation.

The Government of Kuwait reports that workers' organizations in MNEs do not face problems in being recognized for the purpose of collective bargaining, and that the legislation provides for the settlement of disputes in this regard, should they arise. Workers' representatives do not encounter problems due to management having to refer matters to headquarters prior to reaching agreement. They are given the necessary facilities and appropriate information for engaging in meaningful negotiations.

According to the Federation of Luxembourg Manufacturers, there are no differences between national and multinational enterprises with respect to collective bargaining. None of the difficulties mentioned in questions (1) to (3) have arisen. The Confederation of Independent Trade Unions (Luxembourg) reports that MNEs comply with the legislation on collective bargaining.

According to the Government of Malaysia, the same legal requirements for obtaining recognition for the purpose of collective bargaining apply to representative organizations of workers in MNEs and local enterprises. Representatives of workers' organizations encounter no problems in negotiations. A good number of collective agreements have been concluded amicably through direct negotiations, and implemented without any problems. Information on the financial performance of any company is available from the Registrar of Companies. According to the Malaysian Trades Union Congress, representative organizations of workers in MNEs can face problems in being recognized. It gives the example of a company (named) which was able to avoid recognizing the in-house union formed by its employees by changing its name (named). The case is pending in the courts. Representatives of workers face problems in negotiations because MNEs' representatives have to refer matters to headquarters for a decision. Workers' representatives are not provided with the facilities or information required for meaningful negotiation.

According to the General Confederation of Employers of Mauritania (CGEM), national law and practice do not hinder workers in MNEs from being recognized for the purpose of collective bargaining. No problem has arisen because representatives of MNEs had to refer matters back to headquarters prior to agreement. CGEM does not have the necessary information to state whether MNEs provide their workers' representatives with the necessary facilities and appropriate information. The Free Confederation of Workers of Mauritania (CLTM) draws attention to a major problem faced by workers' organizations and representatives, namely that MNEs refuse to bargain with trade unions. Workers' representatives encounter serious problems when management in the host country has to refer matters to headquarters before concluding an agreement. The CLTM notes with regret that MNEs do not provide adequate information to workers' representatives or Government for the purpose of conducting meaningful negotiations. In that respect, MNEs often impose their views without taking into account national law or international conventions and norms pertaining to collective bargaining.

The Government of Mauritius states that workers' organizations face no legal or practical problems in the process of collective bargaining. Representatives of MNEs sometimes wish to have prior approval from headquarters on important issues being dealt with in negotiations. MNEs do provide their workers with adequate information and the necessary facilities for the purpose of collective bargaining.

The Government notes that in Mexico the law provides for the voluntary negotiation of collective agreements. Such agreements cannot contain provisions that are less favourable than those laid down by the Constitution, the Federal Labour Act and national practice. This requirement applies to all enterprises regardless of their ownership. In keeping with section 392 of the Federal Labour Act, collective agreements can provide for the setting up of joint committees for dealing with labour relations matters. Their decisions can be promoted through the Conciliation and Arbitration Boards as long as they are not less favourable than the social rights prescribed by the labour legislation. Workers' representatives do not encounter problems to negotiate new collective agreements and both parties tend to have full bargaining and decision-making powers. Mexico has ratified Convention No. 135 and all enterprises must respect the provisions of this instrument. In accordance with the Federal Labour Act, MNEs must supply workers' representatives with adequate information when there are collective disputes concerning economic matters. The Act sets out the procedures for responding to demands for information. Enterprises generally provide the facilities necessary for collective bargaining. Even though Mexico has not ratified Convention No. 98 the national legislation is consonant with the provisions of this instrument and with those of Recommendation No. 129. The Mexican Confederation of Chambers of Industry states that to its knowledge, collective bargaining in MNEs takes place under the same conditions as in other manufacturing and service enterprises. The Confederation of Mexican Workers agrees with the Government.

The Government of Namibia confirms that representatives of workers in MNEs face no problems in being recognized for the purpose of collective bargaining. There are no problems which arise due to representatives of MNEs lacking full authority to conclude negotiations. MNEs provide their workers with the information and facilities necessary for meaningful negotiations.

The report submitted for the last survey is still applicable, states the Government of the Netherlands. The Federation of Netherlands Industry and Employers agrees with the Government.

As regards collective bargaining, the Government of New Zealand notes that workers in all enterprises, regardless of their ownership, are treated in the same way. It states that further information in this regard can be obtained from New Zealand's May 1995 response to complaints submitted to the ILO's Committee on Freedom of Association by the New Zealand Council of Trade Unions and its response to the "Interim conclusions" of this Committee. Where employees have appointed a bargaining agent, negotiations (if they take place), must be with that agent. While the type of facilities and information to be provided to workers' representatives for the purpose of collective bargaining is subject to negotiation, there are no restrictions in this regard, and it is not uncommon for information on the operations of an enterprise to be disclosed during negotiations. The New Zealand Employers' Federation supports the Government's statement.

According to the Government, organizations representing workers in MNEs in Nicaragua have no problems in being recognized for the purpose of collective bargaining, nor do they face difficulties during the bargaining process. Some MNEs supply workers with the necessary facilities for collective bargaining, while others help to defray the costs related to the use of offices by the trade union for the purpose of collective bargaining.

The Government of Nigeria states that national law and practice encourage collective bargaining. Workers in MNEs are free to join the "appropriate" trade union. Unions are always recognized for the purpose of collective bargaining. MNEs, as well as national enterprises, have been assisting workers' representatives in developing effective collective agreements, with the objective of fostering a favourable industrial relations climate. MNEs confer some authority to their local executives so that they can negotiate effectively and implement the decisions agreed upon. There have been no reported threats by MNEs to transfer operations to other locations in order to influence unfairly negotiations in progress. Disputes arising over the interpretation and application of collective agreements can be settled under the mechanisms provided for in such agreements. However, if these cannot be resolved internally, then the procedures set out in the Trades Disputes Act CAP 432 of 1990 may be applied. MNEs and the Government provide the necessary information to workers' representatives so that they can negotiate effectively. The disclosure of information to trade unions for the purpose of collective bargaining is governed by law, practices and the circumstances of each case. It is recognized that employers would not be inclined to disclose confidential information. The Nigeria Labour Congress replies in the negative to the first two questions. It notes that MNEs sometimes provide workers' representatives with the necessary facilities but rarely supply them with appropriate and adequate information required for meaningful negotiation, particularly with respect to the performance of the enterprise.

The Government reports that the right to engage in collective bargaining is fully recognized in Norway. No distinction is made between national and multinational enterprises and there are no legal provisions requiring representative organizations to be either registered or authorized for the purpose of collective bargaining. The Confederation of Norwegian Business and Industry is in agreement with the views expressed by the Government.

According to the Government of Pakistan, representative organizations of workers in MNEs face no difficulties in being recognized for the purpose of collective bargaining. Recognition is guaranteed under the Industrial Relations Ordinance (1969) which applies to all enterprises, including MNEs. During periods of industrial dispute, it would be considered "unfair practice" for management to transfer the leaders of workers' organizations or change the terms of their employment. Disputes over the interpretation of an agreement can be referred either to the Appellate Tribunal or the National Industrial Relations Commission for a final decision. MNEs, like national companies, must give their workers' representatives facilities and information for the development of collective agreements. The Employers' Federation of Pakistan confirms that representative organizations of workers in MNEs face no problems in being recognized for the purpose of collective bargaining and trade unions in MNEs are also free to form federations and confederations. There are about 7,000 registered trade unions in Pakistan, and 20 per cent of the trade unions' executive body can consist of outsiders -- i.e. members of federations. Management in most MNEs are authorized to take decisions and finalize collective agreements. In most of them, decision-making has been decentralized and their executives/managers have greater authority than even those in national enterprises. All information and necessary facilities, as stipulated by law, are provided to workers' representatives in MNEs. MNEs have to make available their official audited accounts to workers or their representatives in order that they may ascertain the financial situation of the enterprise. Under certain circumstances they are able to request an independent audit. Almost all aspects of trade union activity are regulated by law.

According to the Independent Self-Governing Trade Union "Solidarno" (Poland) the policies and practices of MNEs as regards the recognition of trade unions for the purpose of collective bargaining, decision-making on matters under negotiation and the provision of required facilities and information depend on the size of their operations. They are generally favourable in large enterprises, which tend to attach great significance to their reputation. In contrast, enterprises with relatively small activities have been reluctant to conclude agreements.

The Government of Portugal states that its reply to the fifth survey is still valid. According to the General Union of Workers, the national legislation of Portugal contains provisions covering collective bargaining, competence to sign resultant agreements, the type of information to be provided by enterprises and the duty to implement agreements. These legal requirements are respected.

The Government of Romania reports that to its knowledge there are no representative workers' organizations in MNEs.

There is no law concerning recognition of workers' organizations for the purpose of collective bargaining, states the St. Vincent Employers' Federation. However, where recognition is granted, it is usually honoured. Workers' representatives do not have problems in negotiations because management has to refer matters to the parent company. When senior management considers the information requested to be confidential, it is not fully disclosed.

The Government notes that organizations representing workers in MNEs in Singapore face no legal problems when it comes to being recognized for the purpose of collective bargaining. Certain measures have been put into place to facilitate collective bargaining on the terms and conditions of employment. These measures, which are applicable to both MNEs and national enterprises, include: the setting up of unions; joint consultations between unions and management; and tripartite discussions, such as those held under the aegis of the National Wages Council, in which representatives of management, unions and government are represented. By law, disputes over recognition are resolved by a secret ballot. Occasionally there are problems with employers attempting to intimidate workers suspected of being union organizers. When this occurs, the matter is referred to the Ministry of Labour for investigation, and where there is proof of victimization the matter is submitted to the Industrial Arbitration Court. Problems in organizing workers may be faced by unions in situations where there is shift work and where access to the premises of the enterprise is denied. However, these problems are not peculiar to MNEs. There have been difficulties during collective bargaining because some MNEs have had to refer matters to headquarters before being able to conclude or implement an agreement. Those were occasions on which they were unable to make decisions that went beyond their original mandate. However, problems of this kind are likely to decrease because of advances in telecommunication. Most MNEs provide the necessary facilities upon request and in the case of company unions office space is provided on the premises of the enterprise. Most MNEs supply workers' representatives with information on the company's financial situation, while a small number include unions in regular briefing sessions at which the performance of the company and its future plans are discussed. The National Trades Union Congress shares the views expressed by the Government of Singapore.

The Government of Slovakia points out that article 36 of the national Constitution, guarantees the right of all workers, including in MNEs, to protect their working conditions through collective bargaining. In this regard, trade unions representing workers in MNEs fully utilize the legal provisions concerning collective bargaining. The right of workers to strike for better wages and working conditions is regulated by law. The Labour Code provides for workers' representatives to be provided with information on major issues concerning MNEs, including their strategic plans, performance and future activities.

According to the Government of Spain, the amended Workers' Statute and its related Act contain provisions that are intended to strengthen collective bargaining as a whole. They lay down the requirements for recognizing the legitimacy of the parties who are to negotiate collective agreements and "extra-statutory" agreements to resolve specific questions within the enterprise or workplace. Organizations representing workers and employers in both national and multinational enterprises are fully protected by law, for the purpose of collective bargaining. The Government gives details of the legislation pertaining to collective bargaining, the number of collective agreements concluded in the years covered by the Survey, the number of workers and enterprises involved and the salary increases that were agreed in those negotiations. No distinction is made between agreements covering workers in national as opposed to multinational enterprises. The General Union of Workers reports that in Spain there are generally no problems with regard to unions being recognized for the purposes of collective bargaining. Enterprises must respect the official rules governing the establishment and functioning of trade unions. Problems, when they do arise, generally relate to the interpretation of legal requirements and they are usually resolved through legal channels. Representatives of MNEs generally have enough authorization to conclude collective agreements without having to refer matters to headquarters. However, if the negotiations concern matters such as the plans and viability of the enterprise, they may find it necessary to consult headquarters. MNEs furnish workers' representatives with the information required by law. While the degree of information provided may vary from one enterprise to another, the minimum requirements are generally fulfilled. There is a regular and relatively larger flow of information from large enterprises as opposed to SMEs.

According to the Government of Sri Lanka, the recognition of trade unions will become obligatory when legislation to implement the National Workers' Charter is enacted. It will remove the practical problem of recognition that many workers' organizations face. The availability of sophisticated telecommunication facilities, linking local subsidiaries of MNEs to headquarters, is likely to facilitate decision-making during negotiations. It is doubtful whether any employer would provide information that gives a "true and fair view of the performance of the enterprise". However, this has not been a problem for trade unions as they have fairly good information on the industry concerned and the specific enterprises.

The Government states that the representative organizations of workers in MNEs in Swaziland do not face any legal or practical problems in being recognized for the purpose of collective bargaining as long as they fulfil the requirements of the National Industrial Relations Act. The only problem that representatives of workers' organizations usually encounter in negotiating with MNEs, is that the multinational enterprises' negotiating teams in most cases, do not have the power to make final decisions. They often have to consult with their headquarters outside the country and it therefore takes a long time to reach an agreement. MNEs provide workers' representatives with facilities and information to some degree. However, there has been an outcry from some workers' representatives that some MNEs are not transparent enough, and that this affects the capacity of the workers' representatives to negotiate meaningfully. Workers' representatives often allege that enterprises do not provide them with information that gives a true picture of the performance of the enterprise as a whole. This creates mistrust between the workers' representatives and management, leading to an absence of truly meaningful negotiations.

According to the Swedish Confederation of Trade Unions (LO) and the Confederation of Professional Employees (TCO), two incidents involving MNEs are worth mentioning because of their relevance to the Tripartite Declaration and the OECD Guidelines. In 1992, the subsidiary of a Swedish company (unnamed) in a non-EU member country of the OECD (named), engaged in "union-bashing" before the workers were to vote on whether or not collective agreements should be negotiated. The Swedish contact point (for the OECD Guidelines) intervened after the matter was raised by the trade unions. In 1995, the subsidiary of a foreign MNE in the toy industry (named) in Sweden refused to sign a collective agreement. The matter was resolved only after protracted strike action. The LO and TCO believe that open conflict may well have been avoided if there were a better knowledge of the relevant international instruments. The Swedish Transport Workers' Union, in a reply submitted through the LO, states that to date, it has concluded only one collective agreement involving a multinational (in 1989). The company involved has since been integrated into another enterprise. Problems emerged soon after the agreement was concluded. The union found that its expectations were not being fulfilled as there was uncertainty over the procedures for the functioning of the "Group Council" and the roles of the parties concerned. The matter was taken up by the union and towards the end of 1995, the "Group Council" began to function as a forum for the exchange of information and discussion of experiences. The agreement now provides for better labour-management consultations on vital issues. However, full use is not being made of this possibility, partly because of "inertia and ignorance" on the part of workers' organizations when it comes to union matters pertaining to MNEs. It is likely that the agreement may have to be renegotiated because there may be some inconsistencies between it and the requirements of the Council Directive on the establishment of a European Works Council. The Commercial Employees' Union, in a reply sent through the LO, gives a detailed account of an industrial dispute that began in October 1994, involving the subsidiary of a foreign MNE in the toy industry (named; extensive background information about the MNE also provided). The Union had requested that the negotiations cover workers in the enterprise throughout Sweden, as opposed to those in only one unit. The negotiations began in February 1995 and difficulties arose because of the following: local management's demand that the negotiations be conducted in English; lengthy discussions because the text of the collective agreement had to be translated and explained to management in English; local management's request for time to discuss the issues with the London-based management; management's interviewing of individual employees asking them whether they were unionized, and about their future career interests in the enterprise; management's insistence that it would conclude only individual contracts of employment, since employees preferred these; management's rejection of the union's proposal that they join the relevant employers' organization (HAO (not spelt out in reply)) so that the signing of a collective agreement would not be necessary since this organization had entered such an agreement on behalf of its members; and management's refusal to sign the agreement following renewed negotiations in April 1995. Conciliation efforts in May 1995 failed. According to the Union, the offer of extra hourly pay to dissuade workers from taking industrial action failed, and the strike was declared. The Union got different forms of support from workers' organizations, consumer groups, and the press, both at home and abroad. Attempts to settle the dispute in July 1995 by compulsory conciliation under the Co-Determination Act failed. However, following subsequent efforts, an agreement "almost identical" to the original one proposed, was reached on 11 August 1995. It is the company's first collective agreement which applies to all the employees in retailing, and with minor exceptions, to those in the private trading companies.

The Central Union of Swiss Employers' Associations (UCAPS) does not know whether representative workers' organizations in MNEs have difficulties in being recognized for the purpose of collective bargaining or face problems due to representatives of MNEs having to refer matters to headquarters before reaching an agreement. Collective bargaining is common and all enterprises which are members of an employers' organization are bound by collective agreements concluded by such organizations. Regarding efforts to improve industrial policies in accordance with the Declaration, UCAPS refers to its replies to paragraphs 36-39 and 40-47 (see relevant sections). According to the Federation of Commerce, Transport and Food Industries' Workers' Union, no particular problem has arisen with regard to recognition for the purpose of collective bargaining. In certain sectors such as trade, MNEs have shown no interest in concluding collective agreements. On the whole however, MNEs in Switzerland appoint competent bargaining partners.

The Government of the Syrian Arab Republic states that representative workers' organizations do not encounter problems in being recognized for the purpose of collective bargaining. There have been no cases of these organizations facing problems due to the management of MNEs having to refer matters to headquarters. There have been no cases of them being provided with necessary facilities and information required for meaningful negotiations. The Chamber of Industry makes the same observations as the Government of the Syrian Arab Republic.

The Government of Thailand reports that some workers' organizations in MNEs have faced problems in being recognized for the purpose of collective bargaining and in concluding agreements. Difficulties may arise during negotiations because local management of some MNEs are not fully authorized to conclude collective agreements, and in most cases these have to be referred to headquaters for final approval. In general, while most MNEs provide their workers' representatives with the necessary facilities for the development of effective collective agreements, the specific information provided is often inadequate. In the Governments' view, this is due mainly to conflict of interests.

The Government of Trinidad and Tobago replies in the negative to the first two questions and in the affirmative to the third. The Employers' Consultative Association of Trinidad and Tobago replies in the negative to questions 1 and 2, and in the affirmative to question 3.

According to the Government of Tunisia, article 5 of the Framework Collective Agreement requires that all employers recognize workers' organizations that have been constituted in accordance with the law. The Government has always encouraged collective bargaining, and to date, there are 46 Sectoral Collective Agreements, apart from the establishment-specific agreements that already exist. The period under review was marked by extensive collective bargaining, with generally positive results. Those negotiations focused on the following: substantial salary increases over a three-year period, with possibilities for appreciable improvements in workers' purchasing power; OSH, continuing training; the setting of production standards and productivity levels; and probationary periods. Nothing prevents authorized representatives of workers in MNEs from engaging in collective bargaining with representatives of management, through enterprise Consultative Committees, set up in keeping with the new section 157 of the Labour Code (Act No. 94-29 of 21 February 1994). Sectoral Collective Agreements are negotiated in the presence of a representative of the Ministry of Social Affairs. This is not the case with enterprise-level agreements. The Tunisian Confederation of Industry, Trade and Handicrafts states that apart from enterprise agreements, there are sectoral collective agreements negotiated by the parties in the presence of a representative of the Ministry of Social Affairs.

The Government of Turkey points out that the national labour legislation applies to MNEs and national enterprises. It provides for negotiations to be held between recognized trade unions and employers' associations. MNEs must provide information requested by unions and vice versa. Collective agreements contain dispute settlement procedures. In the event of a dispute the Labour Court can be asked to give an interpretation of the particular article of the agreement in question. The Confederation of Turkish Trade Unions is of the view that MNEs are becoming more "anti-union every year", as more and more trade unions face problems to obtain recognition. No serious difficulties arise during negotiations because matters have to be referred to headquarters by representatives of MNEs. Workers' representatives do not obtain reliable information on the performance of enterprises.

There is no statutory requirement for an employer to recognize any trade union in the United Kingdom. Union recognition for the purpose of collective bargaining is a matter for the employer to decide. Under UK law it is possible for the terms of collective agreements to be incorporated into binding labour contracts. The independent Advisory, Conciliation and Arbitration Service promotes improvements in industrial relations by encouraging collective bargaining as well as the development and reform of collective bargaining machinery, where necessary. Its services are made freely available to employers and unions upon request, in cases of ongoing or potential disputes concerning bargaining arrangements. Under the Trade Union and Labour Relations (Consolidation) Act 1992, employers in all enterprises, including MNEs, must disclose to representatives of recognized unions, information which they have relating to the enterprise, and without which the workers' representatives would be "impeded to a material extent in collective bargaining". Disclosure must be in accordance with good industrial relations practices and take into account the issue of confidentiality. Disputes arising over disclosure must be submitted to the Central Arbitration Committee, which can set a period within which disclosure must be made. Failure to comply opens up the possibility for there to be an award, improving terms and conditions in this regard. The Confederation of British Industry (CBI) states that there are no legal restrictions on freedom of association and the formation of representative workers' organizations. The parties concerned determine the extent to which these organizations and workers' representatives will be recognized for the purpose of collective bargaining. The emerging trend is towards "more streamlined arrangements involving single union agreements or single-table bargaining". The foregoing applies to both national and multinational enterprises. The CBI outlines the aims and functions of the Advisory, Conciliation and Arbitration Service (ACAS) (described in detail in the Government's reply). All enterprises that recognize trade unions provide the necessary facilities for meaningful negotiation, in line with guidelines of the "ACAS Code of Practice on Time Off for Trade Union Duties and Activities". They are also legally bound to disclose information required for collective bargaining.

According to the Government of the United States, the National Labor Relations Act (NLRA) guarantees all workers, with certain exceptions (e.g. supervisors, agricultural workers, domestic labour and contract labour), the right to engage in collective bargaining through representatives of their own choosing. One of the primary purposes of the Act is to encourage the peaceful and orderly settlement of labour disputes through collective bargaining. The Act, as interpreted by the National Labor Relations Board (NLRB) and the courts, does not require employers to provide workers' representatives with facilities necessary for developing effective collective agreements. However, such facilities may be provided by an employer as a result of collective bargaining and many collective agreements contain provisions in this regard. The law pertaining to this matter applies to all enterprises, including MNEs. The NLRA prohibits employers' and workers' organizations from refusing to engage in meaningful collective bargaining. The Act is not specific as regards the decision-making authority of management representatives, but the requirement of having meaningful negotiations must be met. It prohibits all employers from using threats to influence unfairly collective bargaining or to hinder the exercise of the right to organize. There is no evidence that MNEs are more likely than domestic enterprises to relocate (either within the country or abroad) for the purpose of influencing the right to organize and collective bargaining. By law, collective agreements are not required to contain provisions for the settlement of disputes arising over their interpretation and application. However, about 99 per cent of these agreements include such provisions. Complaints over work and working conditions not resolved under the grievance procedure are submitted to a mutually agreed arbitrator for a final and binding decision. Arbitration procedures are included in 97 per cent of all major agreements. There are basically no distinctions in this regard between agreements involving MNEs and those involving domestic enterprises. The NLRA, as interpreted by the NLRB, requires that all employers provide workers' representatives with all information that is relevant and necessary for bargaining on matters such as wages, hours of work and other terms and conditions of employment. The Government publishes extensive information on various industries. To the extent permitted by law, the US Government, upon request, supplies to the representatives of workers' organizations, information on industries in which the particular enterprise operates. The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) reiterates its observations with respect to the anti-union practices of MNEs, the restrictive effects of "right-to-work" legislation on collective bargaining and the exclusion of certain workers (many of which are in the agricultural sector) from collective bargaining. It gives the example of a foreign multinational (named) at which 4,200 workers went on strike in July 1994 to protest against the company's refusal to bargain with respect to its demands for 12-hour shifts, a reduction of health care protection and accident benefits, as well as lower wages for newly hired workers. The company refused to allow striking workers to return to work and replaced them with 3,300 permanent workers. The NLRB has brought complaints against the enterprise for wrongful discharge, wrongful termination of benefits and the illegal use of replacement workers. The 40 charges brought against the company are yet to be settled. Another example is that of a foreign-owned company (named) which had received massive financial incentives to invest in a particular location (unnamed). In June 1993 it locked out 762 workers as a result of a dispute over the following: violations of OSH standards which resulted in the death of a worker; the firing of union activists; and demands that workers sign individual contracts of employment. The lock-out lasted 30 months and in December 1995 workers voted to accept a new agreement which enabled 349 of them to return to work on the company's terms. MNEs have occasionally indicated that decisions on labour-related matters such as collective bargaining are made at headquarters, while many head offices state that their subsidiaries do not need to consult headquarters on industrial relations matters. These contradictory positions, which are "sometimes deliberate", make collective bargaining more difficult. MNEs often do not provide workers with adequate facilities and information necessary for collective bargaining.

The Government of Uruguay notes that there have been no complaints by workers in MNEs regarding recognition for the purposes of collective bargaining. No problems have arisen because of the need for management in MNEs to consult the parent company before concluding collective agreements. Where such consultations exist they have not hindered the bargaining process. MNEs are not obliged to provide more information and/or facilities than those necessary for carrying out negotiations in good faith, in keeping with the provisions of ratified ILO Conventions.

The Government states that representative organizations of workers in MNEs in Venezuela face no legal or other problems in being recognized for the purposes of collective bargaining. Workers' representatives have no difficulties in such negotiations and MNEs supply them with all necessary information and facilities. The Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations states that so far, organizations representing workers in MNEs have faced no problems to be recognized for the purpose of collective bargaining. Workers' representatives generally have no difficulty in negotiating collective agreements, and representatives of MNEs do not generally have to consult management at headquarters before concluding or implementing an agreement. All the information necessary for these negotiations is available to workers' representatives and trade unions.

According to the Government of Zambia, representative organizations of workers in MNEs do not face any legal or practical problems in being recognized for the purpose of collective bargaining, and the provisions of the 1993 Industrial and Labour Relations Act are very clear on this matter. MNEs are fully aware of this legislation, and so far, recognition agreements for the representation of workers have been signed without difficulties. Where recognition of workers' representatives has been granted, the necessary facilities as well as appropriate information required for engaging in meaningful negotiations, have been provided without much resistance. However, there have been some instances of some MNEs being reluctant to disclose information that is considered to be confidential. In one such situation, an enterprise had to obtain clearance from the parent company before the information could be provided. This procedure is normally accepted.

The Government of Zimbabwe states that the collective bargaining process in MNEs is not different from that which takes place in local enterprises. Some MNEs, however, tend to refer matters to headquarters prior to agreement and implementation. Failure to provide workers' representatives with adequate and appropriate information required for meaningful bargaining, is not limited to MNEs. The problem also exists with respect to local enterprises. The Employers' Confederation of Zimbabwe states that workers' organizations do not face problems because matters have to be referred to headquarters prior to the conclusion and implementation of agreements. MNEs provide workers' representatives with appropriate and adequate information, since disclosure of relevant information is required by law.

Consultation (Paragraph 56)

(1) Please explain the policy and practices of multinational enterprises concerning information and regular consultation on matters of mutual concern.

The Government of Antigua and Barbuda reports that there is no set policy governing information and consultation. Consultation tends to take place at the management level.

The Government of Argentina states that the information contained in its reply to the fifth survey is still applicable.

According to the Government of Australia, the Commonwealth Industrial Relations Act provides for management to consult with all workers in a given enterprise wishing to register an enterprise agreement. A declaration must be provided, attesting that consultations did take place. All agreements registered with the federal authorities must provide for the setting up of joint consultative mechanisms.

According to the Government of the Bahamas, information and regular consultation are facilitated through dialogue between the government authorities and representatives of trade unions and employers.

The Government of Bangladesh reports that MNEs follow the established practice of settling labour disputes through bilateral discussions. Matters of mutual interest to employers and workers are discussed in the Participation Committee, formed in compliance with the Industrial Relations Ordinance, 1969. The Bangladesh Employers' Association concurs with the Government.

The Government states that large MNEs in Barbados establish committees which hold consultations at frequent intervals to discuss matters of mutual concern. Meetings usually discuss matters such as training, education, safety, health and welfare. The Barbados Employers' Confederation points out that consultations are held on a voluntary basis, depending on the policies and practices of the individual enterprises. The Barbados Workers' Union reports that there are no policies concerning information and consultation in MNEs on matters of mutual concern.

According to the Single Central Organization of Workers, consultations are not held in multinational enterprises in Brazil. Decisions are communicated to workers after they have been taken by management.

According to the Government of Cambodia, consultations on matters of mutual concern take place at monthly meetings at the enterprise.

The Government of Chad reports that no such consultations are held.

As regards discussions between labour and management on matters of mutual concern, the Government of Colombia reports that there are no laws obliging employers to engage in such discussions. However, they may, on a voluntary basis, have committees in which workers participate. The National Association of Manufacturers states that in Colombia there are management-labour committees to discuss, inter alia, matters concerning jobs, recreational facilities, and safety and health. According to the General Confederation of Democratic Workers, neither MNEs nor national enterprises in Colombia have the political will to provide information to, and consult with workers and/or their representatives. In the few cases where this has been done, it was when the enterprise was undergoing economic difficulties and the workers' support was being sought to deal with the competent authorities.

The Government of Costa Rica states that agreements resulting from collective bargaining normally contain provisions concerning information and consultation on matters of common interest.

The Government of the Czech Republic is not aware of specific practices as regards information and consultation on matters of mutual concern within MNEs. It cites the example of one MNE (name given) in which consultation and the provision of information take place within an "Operational Committee". Under the Labour Code, unions representing workers in an enterprise must be informed of important developments, including the financial results achieved and expected performance of the enterprise. In addition, the employer is obliged to negotiate with the trade union on the following: the employment of older workers, mothers, young persons and persons with disabilities; employees' welfare; tests relating to OSH and the working environment; and all measures that would have an impact on large numbers of employees. Employers must supply information to the trade unions concerned, consult with them, and, "within the existing possibilities", take account of their observations. The Government is not aware of concrete measures taken by MNEs to implement these legal requirements. The Czech and Moravian Chamber of Trade Unions notes that in most MNEs where trade unions exist, such consultations are held. They also take place in trade union federations, and, where possible, at the international level. The situation differs according to the sector of activity and the origin of the MNE. It stresses that the involvement of trade union federations in multinational trade union structures opens up avenues for labour-management consultations in MNEs.

The Dominica Employers' Federation points out that its reply to the fifth survey is still valid.

The Government of Ecuador reports that there is a system of settling disputes through mediation and facilitating frequent consultations between the social partners in order to resolve their differences.

Information given by the Federation of Egyptian Industries shows that the supplying of information and the holding of regular consultations on matters of mutual concern take place in some pharmaceutical enterprises and in the metal trades (names given). In some pharmaceutical companies, coordination between management and workers is regarded to be of mutual interest. Committees representing workers discuss with management, problems related to productivity, and matters affecting the great majority of workers are taken into consideration on a regular basis. In some pharmaceutical companies and metal trades enterprises, there are monthly labour-management meetings at which the demands of labour are made known to management, and labour is informed of certain company policies and activities. Discussions on specific issues (e.g. safety and health) also take place in different committees.

The Government reports that Estonian labour legislation requires employers to consult workers regularly. However, MNEs do not use that possibility. Workers' participation in discussions and decision-making at the enterprise level is only beginning.

The Government of Ethiopia reports that there is no special policy and practice for MNEs in this regard. It is common for management and workers to resolve problems through discussion.

The Government of Finland refers to its reply concerning cooperation on OSH matters (paragraphs 36-39). The Confederation of Finnish Industry and Employers and the Employers' Confederation of Service Industries report that information and consultation procedures are set out in the Act on Cooperation Within Enterprises (1978), and the provisions of supplementary agreements between the central employers' and workers' organizations, which apply to all enterprises operating in Finland. MNEs often supplement these provisions with their own internal procedures. The Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) state that the provisions of the Council Directive on the establishment of a European Works Council will be incorporated into national legislation. They add that in the past there had been limited success in establishing works councils on a voluntary basis and that without the Directive the responses to workers' concerns would be inadequate. A March 1995 survey carried out by trade unions showed that 33 Finnish and 60 foreign enterprises in various industries were covered by the Directive on Works Councils. The number of enterprises to which the Tripartite Declaration applies is, of course, much larger.

The National Council of French Employers indicates that many MNEs have instituted information and consultation mechanisms or European works councils, in keeping with Council Directive 94/45/EC which must be incorporated into national law by 22 September 1996. The definition of European works council in the relevant law should stick closely to that of national group committees representing workers within the group of enterprises (comité de groupe national), which have been in existence since 1982. The law should give enterprises greater possibilities for setting up information and consultation procedures as well as councils.

The Government of Gabon states that such consultations are possible.

The Government of Germany says that its reply to the fourth survey is still applicable. It notes that since Council Directive 94/45/EC on the establishment of a European Works Council was adopted, several MNEs have concluded voluntary agreements providing for the transnational information and consultation of workers.

The Government states that there have been no regular consultations in Grenada.

The Government reports that in Hungary the labour regulations apply to MNEs as well as domestic enterprises. Initially, problems relating to regular consultations between employers and workers and their representatives, emerged among MNEs from certain OECD countries (named) where such practices did not exist in the parent companies. Fewer problems of this kind have arisen in MNEs originating from certain countries in western Europe (examples of two countries given by name).

The Government of India states that as required by law, MNEs, like national enterprises, have set up works committees and various other committees within the framework of the Workers' Participation in Management Scheme. However, it notes that according to workers' organizations, meaningful labour-management consultations on matters of mutual concern do not take place regularly.

The Government of Indonesia states that Pancasila Industrial Relations emphasizes, inter alia, the importance of consultation between the parties concerned for resolving labour problems.

Information and consultation practices vary among enterprises, notes the Government of Ireland. Many MNEs have well-developed systems in this regard.

The General Confederation of Industry indicates that both national and multinational enterprises in Italy have good practices with respect to information and consultation on matters of mutual concern.

The Government points out that since the presence of MNEs is a rather recent phenomenon in Jordan, and they are very few, it is difficult to assess their policies and practices regarding consultation. However, nothing prevents them from engaging in such consultations if they wish. The Amman Chamber of Industry states that there are no policies or practices that hinder information or consultation in MNEs in Jordan.

The Government of the Republic of Korea notes that by law MNEs and national enterprises must establish labour-management councils at the workplace, and hold regular meetings to discuss issues of mutual concern -- e.g. increasing productivity, education and training, management and production plans. The Korea Employers' Federation reports that labour-management councils are established to promote workers' welfare through consultation.

The Government of Kuwait indicates that national laws encourage cooperation with MNEs on matters of mutual concern.

The Confederation of Independent Trade Unions (Luxembourg) states that the right to consultation is respected, but that its comments in relation to paragraphs 24-28 must be borne in mind.

The Government of Malaysia reports that various forms of consultative machinery exist in MNEs -- e.g. unions, welfare committees, and safety and health committees. The Malaysian Trades Union Congress states that MNEs do not have a policy as regards consultation on matters of mutual concern.

The General Confederation of Employers of Mauritania reports that MNEs do not have a particular policy concerning information and consultation on matters of mutual concern. The Free Confederation of Workers of Mauritania notes that MNEs show no interest in information and consultation in Mauritania and that they do not recognize the principle of reciprocity.

The Government of Mauritius states that the Code of Practice accompanying the Industrial Relations Act emphasizes the need for appropriate systems of communication whereby parties can have regular consultation and disseminate information on matters of mutual concern.

According to the Government of Mexico, there is no legal requirement with respect to information and consultation. However, the law and many collective agreements provide for the setting up of joint labour-management committees to deal with matters of mutual concern in the fields of OSH, training and the sharing of facilities. The Mexican Confederation of Chambers of Industry reports that in keeping with national law and practice, there are several arrangements through which MNEs can make available statistical and other company-related information. The Confederation of Mexican Workers shares the Government's views.

According to the Government of Namibia, MNEs' policies on information and consultation vary from company to company.

Under the Works Councils Act, all enterprises are required to inform and consult their works councils on a regular basis on matters of mutual interest, reports the Government of the Netherlands. The Federation of Netherlands Industry and Employers shares the Government's views.

The Government of New Zealand states that the information contained in its report to the fifth survey is still valid, and adds that policies and practices on information and consultation are a matter for negotiation between the parties. The New Zealand Employers' Federation shares the Government's point of view.

There is frank and effective communication between representatives of labour and management in MNEs in Nicaragua, reports the Government.

The Government states that the industrial relations practice in Nigeria allows for regular consultations between employers' and workers' representatives on matters of mutual concern and that such consultations complement collective bargaining. The Nigeria Labour Congress states that most MNEs permit regular consultation on matters of mutual concern.

According to the Government of Pakistan, MNEs are required by law to establish works councils and other arrangements whereby there can be joint consultations and workers' participation in management. The Employers' Federation of Pakistan reports that in the absence of statutory requirements, MNEs have developed their individual arrangements for labour-management consultations on matters relating to productivity, efficiency and labour relations.

The Independent Self-Governing Trade Union "Solidarno" (Poland) notes that the policies and practices of MNEs as regards consultation are generally favourable in large enterprises, which tend to attach great importance to their reputation.

The Government of Portugal states that its reply to the fifth survey is still valid. The General Union of Workers reports that discussions between representatives of labour and management in MNEs in Portugal are much easier and more frequent where there are enterprise agreements.

The Government of Romania reports that information and consultation on matters of mutual concern are non-existent.

The Government indicates that industrial relations policies and practices in Singapore are based on the principles of tripartism, and the social partners support the idea of sharing information. Employers generally provide workers with information required for negotiations. Consultations take place in some MNEs through Work Excellence Committees and similar joint union-management bodies. At the national level, consultations are held either through the Ministry of Labour or directly with the national employers' and workers' organizations. The observations made by the National Trades Union Congress are similar to those of the Government of Singapore.

The Government of Slovakia states that the Labour Code provides for representatives of workers in MNEs to be consulted on matters relating to new conditions of employment, measures concerning an increase in the number of workers, employees' welfare, and the improvement of OSH standards.

The Government of Slovenia has no information on the policy and practices of MNEs as regards information and consultation.

The Government states that Council Directive 94/95/EC of 22 September 1994 on the establishment of a European Works Council inevitably covers MNEs operating in Spain. It adds that the concept of "consultations" encompasses the exchange of views and the facilitation of dialogue between workers' representatives and central management or management representatives at any other level, as may be appropriate. The General Union of Workers states that, as a general rule, MNEs in Spain hold periodic consultations with workers' representatives on matters of mutual interest.

The Government of Sri Lanka reports that while MNEs have no policies or established practices concerning consultations, certain produce information brochures on issues of interest to workers.

Although MNEs in Swaziland do consult with their counterparts on matters of mutual concern, the Government indicates that there have been cases of workers' representatives complaining that they are "informed just for the sake of information and not afforded the opportunity to look into the issue of concern".

The Government of Switzerland indicates that the Workers' Participation Act came into force on 1 May 1994. Largely inspired by Council Directives (EU), the Act provides a framework for the exercise of the right of workers in enterprises with more than 50 workers to appoint workers' representatives; and in the case of enterprises with less than 50 workers, it gives them the possibility of either electing a workers' representative or of having the right to information and participation by direct means, as defined by the law. Under the Act, workers' representatives have the right to be informed about all matters necessary for carrying out their tasks in a timely and comprehensive manner, and to participate in matters pertaining to OSH, transfer of the enterprise and collective dismissals. The right to participation implies that workers or their representatives must be informed, can express their views, and can submit proposals on the matters under discussion. Employers must justify decisions taken without having held consultations. The Act also applies to MNEs, which, given their large size, are particularly concerned by the election of workers' representatives. The Central Union of Swiss Employers' Associations (UCAPS) states that MNEs are subject to the same legal requirements as national enterprises. It makes reference to the provisions of the Workers' Participation Act, details of which are provided in the Government's reply. UCAPS notes that even before the Act was passed, many collective agreements contained provisions on information and consultation (e.g., article 36.11(2) of the Collective Agreement covering the Machine Industry (copy attached to report)). All enterprises make a special effort in this respect. The Federation of Commerce, Transport and Food Industries Workers' Union states that consultations and exchange of information take place in several MNEs in Switzerland (names given).

The Government of the Syrian Arab Republic is not informed about enterprises' practices with respect to consultations on matters of mutual interest. The Chamber of Industry (Syrian Arab Republic) reports that there have been no cases of such consultations being held.

According to the Government of Thailand most MNEs have company-specific policies and practices as regards the provision of information. Some have the practice of holding regular consultations.

The Government of Trinidad and Tobago states that while there is no set policy, other than provisions that may be contained in collective agreements, the practice is that parties meet as often as necessary in what is known as "non-crisis sessions".

The Government of Turkey is aware of the importance of holding consultations on matters of mutual concern. In 1994, a report prepared and adopted by government representatives and the social partners was published by the State Planning Organization (SPO). The Turkish Confederation of Employer Associations states that consultations involving the Government, individual MNEs and workers' organizations can be held to address matters of mutual concern. Such consultations can take place with the national employers' organization, if the MNEs in question are members of the organization. The Confederation of Turkish Trade Unions reports that there is very limited exchange of information, and consultation on matters of mutual concern seldom takes place.

According to the Government, there is in the United Kingdom, a tradition of regular labour-management consultations on matters of common concern in all enterprises, including MNEs. The Government affirms its commitment to the principle of workers' involvement in enterprises in which they work and it promotes and supports the development of voluntary arrangements to facilitate such participation. One of the many initiatives taken in this respect is a joint project with the Confederation of British Industry known as "Managing for Success -- Improving Business Performance through Employee Involvement". This recently launched campaign is intended to promote the practice of workers' involvement by demonstrating to a wide audience, the contribution that such participation can make to the success of enterprises. Management guidelines on this subject have been published and disseminated free of charge to enterprises upon request (copies of publications annexed to reply). In 1994, the Government published and distributed 20,000 copies of "The Competitive Edge" -- a booklet aimed at raising public awareness of different forms of "voluntary employee involvement" and encouraging both sides of industry to adopt and/or maintain such practices. Publications highlighting cases of best practice in this regard have also been issued and the Government continues to commission research on the development of employees' involvement in enterprises in the UK. According to the Confederation of British Industry, information and consultation practices in UK multinationals are in line with best local practice.

According to the Government of the United States, the extent to which enterprises operating in the US and their employees consult with each other outside of the context of collective bargaining is a matter for mutual agreement between the parties.

The Government of Uruguay states that it is not aware of any specific policies in MNEs regarding information and consultation on matters of mutual interest. However, in its view, consultation and the exchange of information are possible on a permanent basis in many of these enterprises.

According to the Government of Venezuela consultations between employers and workers in MNEs do take place. However, it has no detailed information on policies and practices in this regard. The Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations states that in practice, workers' representatives and their organizations engage in regular consultations with employers on matters of common interest, and this results in better communication between both groups.

According to the Government of Zambia, the industrial relations policies and practices of MNEs have made it possible for there to be regular consultations between them and workers' representatives on matters of mutual concern, outside the sphere of collective bargaining. Consultation procedures are well defined in the Recognition and Collective Agreements and they must be respected. Experience has shown that since the ratification of Convention No. 144 in 1978, all the addressees have taken consultation seriously, and have deliberated on issues tabled for discussion with a sense of commitment, and without creating unnecessary problems.

The Government of Zimbabwe points out that MNEs, like national enterprises, are required by law to consult with workers on matters of mutual concern in the works council. According to the Employers' Confederation of Zimbabwe, MNEs and national enterprises engage in consultations on matters of mutual concern at both the bipartite and tripartite levels.

Examination of grievances (Paragraph 57)

(1) Have any problems occurred in connection with the examination of employees' grievances in accordance with the principles set out in this paragraph? If so, please explain.

No problems were identified by the following respondents:

Governments of: Antigua and Barbuda, Australia, Bahamas, Bangladesh, Barbados, Brazil, Cambodia, Chad, Chile, Colombia, Costa Rica, Czech Republic, Ecuador, Estonia, Ethiopia, Finland, Gabon, Grenada, India, Indonesia, Ireland, Jordan, Kuwait, Mauritius, Mexico, Namibia, New Zealand, Nigeria, Portugal, Republic of Korea, Singapore, Slovenia, Spain, Sri Lanka, Syrian Arab Republic, Swaziland, Trinidad and Tobago, Tunisia, Turkey, Uruguay, United States, Venezuela, Zambia, Zimbabwe

Employers' organizations: Bangladesh Employers' Association, Barbados Employers' Confederation, National Association of Manufacturers (Colombia), Dominica Employers' Federation, Confederation of Finnish Industry and Employers, Employers' Confederation of Service Industries (Finland), General Confederation of Industry (Italy), Amman Chamber of Industry (Jordan), Korea Employers' Federation, General Confederation of Employers of Mauritania, Mexican Confederation of Chambers of Industry, New Zealand Employers' Federation, Nigeria Employers' Consultative Association, Employers' Federation of Pakistan, St. Vincent Employers' Federation, Central Union of Swiss Employers' Associations, Chamber of Industry (Syrian Arab Republic), Employers' Consultative Association of Trinidad and Tobago, Tunisian Confederation of Industry, Trade and Handicrafts, Confederation of British Industry, Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations, Employers' Confederation of Zimbabwe

Workers' organizations: Barbados Workers' Union, General Confederation of Democratic Workers (Colombia), Confederation of Independent Trade Unions (Luxembourg), Malaysian Trades Union Congress, Nigeria Labour Congress, Independent Self-Governing Trade Union "Solidarno" (Poland), General Union of Workers (Spain), Confederation of Turkish Trade Unions

The Government of Argentina states that the information contained in its reply to the fifth survey is still applicable.

The Single Central Organization of Workers reports that in Brazil there are no regulations relating to the examination of grievances, nor is there a specific body for dealing with grievances.

The Government of Canada states that its reply to the last survey is still applicable.

The Czech and Moravian Chamber of Trade Unions states that the handling of individual complaints, has given rise to problems, even in cases where the trade union can fully support the employee. In most companies the employer-employee relationship has not reached a stage where the submission of grievances without adverse consequences for the worker, can be guaranteed. The workers' apprehensions are a critical factor and the specific cases are very difficult to monitor.

According to information provided by the Federation of Egyptian Industries, there have been cases in the pharmaceutical industry and metal trades (enterprises named) where problems have arisen with respect to the examination of grievances. However, no details were given.

The Free Confederation of Workers of Mauritania states that problems related to the examination of workers' grievances may take different forms. The claimant worker may be deprived of certain responsibilities that give the right to certain privileges (e.g. car or emolument) and will always be discredited. Furthermore, if the individual continues to pursue the matter, there is the risk of dismissal even if the grievances are well-founded.

The Government of the Netherlands states that the Second Chamber of Parliament did not approve the Bill on the Right to Complaint, which had been submitted to Parliament on 17 April 1990. It has been argued that the social partners should assume responsibility for implementing the "right to complaint". The Stichting van de Arbeid, in which employers and workers are represented, has drafted recommendations in this regard and has called on the social partners to include grievance procedures in collective agreements. The Federation of Netherlands Industry and Employers shares the Government's views.

The Government of Thailand reports that workers tend to claim their right to submit grievances to the competent authorities and to the Labour Court, and there have been only a few complaints in this regard.

Settlement of industrial disputes (Paragraph 58)

(1) Are there any particular problems in the setting up and/or functioning of voluntary conciliation machinery as presented above? If so, please explain.

No particular problems were identified by the following respondents:

Governments of: Antigua and Barbuda, Australia, Bahamas, Bangladesh, Barbados, Brazil, Cambodia, Colombia, Costa Rica, Czech Republic, Ecuador, Estonia, Ethiopia, Finland, Germany, Grenada, Indonesia, Ireland, Italy, Japan, Jordan, Republic of Korea, Kuwait, Malaysia, Mauritius, Mexico, Namibia, New Zealand, Nicaragua, Nigeria, Norway, Singapore, Slovenia, Spain, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, United Kingdom, United States, Uruguay, Venezuela, Zimbabwe

Employers' organizations: Bangladesh Employers' Association, Barbados Employers' Confederation, National Association of Manufacturers (Colombia), Dominica Employers' Federation, Federation of Egyptian Industries, Employers' Confederation of Service Industries (Finland), Confederation of Finnish Industry and Employers, General Confederation of Industry (Italy), Amman Chamber of Industry (Jordan), Korea Employers' Federation, Federation of Luxembourg Manufacturers, General Confederation of Employers of Mauritania, Mexican Confederation of Chambers of Industry, New Zealand Employers' Federation, Nigeria Employers' Consultative Association, Confederation of Norwegian Business and Industry, Employers' Federation of Pakistan, St. Vincent Employers' Federation, Central Union of Swiss Employers' Association, Chamber of Industry (Syrian Arab Republic), Employers' Consultative Association of Trinidad and Tobago, Confederation of British Industry, Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations, Employers' Confederation of Zimbabwe

Workers' organizations: Confederation of Independent Trade Unions (Luxembourg), Malaysian Trades Union Congress, Nigeria Labour Congress, Federation of Commerce, Transport and Food Industries Workers' Union (Switzerland), Confederation of Turkish Trade Unions

The Government of Argentina states that the information contained in its reply to the fifth survey is still applicable.

The Barbados Workers' Union states that voluntary conciliation services are provided by the Ministry of Labour. While access to these services poses no problems, there are delays in organizing meetings, largely because of the shortage of staff.

According to the Single Central Organization of Workers there is no mechanism for voluntary conciliation in Brazil. Intervention by the legal authorities in labour disputes is always to the disadvantage of workers. In the event of strikes, workers are threatened with imprisonment and ordered to end the strikes.

The Government of Canada and the Government of the Province of Quebec report that their replies to the last survey are still applicable.

The Government of Chad reports that there is no voluntary conciliation machinery, but other legal procedures for settling disputes exist.

The Government of Chile reports that the mediation and arbitration procedures prescribed by law have been hardly used. Reforms have therefore been proposed to enable the Labour Inspection Services to use conciliation machinery for settling disputes that arise in the course of collective bargaining.

The General Confederation of Democratic Workers reports that there have been problems in the setting up and functioning of voluntary conciliation machinery in Colombia.

According to the Czech and Moravian Chamber of Trade Unions, industrial tribunals and conciliation machinery do not exist and this has an impact on dispute settlement in both national enterprises and MNEs. Trade unions offer legal protection and support to their members, as well as representation in the event that cases are taken to the legal authorities.

The Government explains that there is no voluntary conciliation machinery in Hungary, and no provision for dispute settlement by arbitration. The labour regulations provide for the settlement of disputes by the Labour Court. The Interest Coordinating Council is developing proposals for the establishment of dispute settlement mechanisms, including conciliation services.

The Government of Kuwait states that the labour legislation provides for the settlement of collective disputes in private enterprises. Direct negotiations are held with a view to concluding an agreement, which is then registered at the Ministry of Social Affairs and Labour, and considered as constituting part of special labour regulations. If a settlement is not reached, the matter is brought to a conciliation committee and the resultant agreement is also registered at the Ministry. If all these efforts fail, the dispute is referred to an arbitration committee which may impose its decision. The institution of an appeals procedure within a labour arbitration council, is being considered.

The Free Confederation of Workers of Mauritania reports that applying a voluntary conciliation mechanism still gives rise to serious problems as employers are often not inclined to use such a mechanism. Many enterprises refuse the election of shop stewards who have the legal mandate to solve certain labour problems. Furthermore, management "very seldom" accepts voluntary conciliation mechanisms.

The Government of the Netherlands reports that its reply to the last survey is still valid. The Federation of Netherlands Industry and Employers agrees with the Government.

According to the Independent Self-Governing Trade Union "Solidarno" (Poland), problems in the setting up and functioning of voluntary conciliation machinery are more likely to occur in the case of enterprises with relatively small-scale operations than in larger enterprises which tend to accord great importance to their reputation.

By law, collective agreements can provide for the setting up of voluntary dispute settlement mechanisms (e.g. conciliation, mediation or arbitration), reports the Government of Portugal. Under these arrangements, labour disputes other than those related to the implementation of collective agreements, may also be dealt with. However, these procedures have not been established, and the Government does not have the necessary information on the reasons for this. The General Union of Workers confirms that there is no bipartite voluntary conciliation machinery in Portugal, but adds that there is dialogue between unions and management with a view to settling disputes through conciliation.

The Government of Sri Lanka reports that problems associated with the setting up of a voluntary conciliation mechanism stem from the following: the non-recognition of trade unions which leaves workers without effective representation; the lack of institutionalized procedures governing negotiation; and the absence of established grievance procedures which could serve as a basis for developing voluntary conciliation machinery.

According to the Government of Swaziland, workers' representatives, as well as employers, have access to voluntary arbitration. The only constraint is the financial ability to acquire this service. So far, conciliation services are free.

According to the Government of Zambia, voluntary conciliation machinery has not yet been set up, because it is not considered to be appropriate under prevailing conditions. The Industrial and Labour Relations Act provides for the settlement of collective disputes, through a Conciliator or by a Board of Conciliation.

32. Recommendation (No. 116) concerning Reduction of Hours of Work.

33. Convention (No. 110) and Recommendation (No. 110) concerning Conditions of Employment of Plantation Workers; Recommendation (No. 115) concerning Workers' Housing; Recommendation (No. 69) concerning Medical Care; Convention (No. 130) and Recommendation (No. 134) concerning Medical Care and Sickness.

34. The ILO Conventions and Recommendations referred to are listed in "Publications on Occupational Safety and Health", ILO, Geneva, 1976, pp. 1-3. An up-to-date list of Codes of Practice and Guides can be found in the latest edition.

35. Convention No. 87, Article 2.

36. Convention No. 98, Article 1(1).

37. Convention No. 98, Article 2(1).

38. Convention No. 98, Article 4.

39. Convention (No. 135) concerning Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking.

40. Recommendation (No. 129) concerning Communications between Management and Workers within Undertakings.

41. Recommendation (No. 94) concerning Consultation and Cooperation between Employers and Workers of the Level of Undertaking; Recommendation (No. 129) concerning Communications within the Undertaking.

42. Recommendation (No. 130) concerning the Examination of Grievances within the Undertaking with a view to their Settlement.

43. Convention (No. 29) concerning Forced or Compulsory Labour; Convention (No. 105) concerning the Abolition of Forced Labour; Recommendation (No. 35) concerning Indirect Compulsion to Labour.

44. Recommendation (No. 92) concerning Voluntary Conciliation and Arbitration.


Updated by VC. Approved by NdW. Last update: 26 January 2000.

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