Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Paraguay (Ratification: 1962)

The Committee recalls that in its previous comments, it requested the Government to send its comments on the 2010 observations of the International Trade Union Confederation (ITUC) referring to the arrest of trade unionists. The Committee takes note of the observations of the ITUC received on 1 September 2015. The Committee requests the Government to send its comments thereon.

The Committee further notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

Articles 2 and 3 of the Convention. Pending legislative issues. The Committee recalls that for many years it has been commenting on the inconsistency of the following legislative provisions with the Convention:

• -the requirement of an unduly large number of workers (300) to establish a branch trade union (section 292 of the Labour Code);
• -the prohibition on joining more than one union even if the worker has more than one part-time employment contract, whether at the level of the enterprise or industry, occupation or trade, or institution (section 293(c) of the Labour Code);
• -imposition of unduly demanding conditions of eligibility for office on the executive board of a trade union: the need to be an employee in the enterprise, industry, occupation or institution, whether active or on leave (section 298(a) of the Labour Code), to have reached the age of majority and to be an active member of the union (section 293(d) of the Labour Code);
• -the requirement for trade unions to respond to all requests from the labour authorities for consultations or reports (sections 290(f) and 304(c) of the Labour Code);
• -the requirement that, for a strike to be called, its sole purpose must be directly and exclusively linked to the workers’ occupational interests (sections 358 and 376(a) of the Labour Code); and
• -the obligation to provide a minimum service in the event of a strike in public services that are essential to the community without any requirement to consult the employers’ and workers’ organizations concerned (section 362 of the Labour Code).

The Committee recalls that in its previous comments it noted the elaboration of a draft Bill to amend certain sections of the Labour Code and of Amending Act No. 496/94. The Committee also notes the Memorandum of Understanding on International Labour Standards, signed on 1 October 2014 by the Government and the social partners, in which it was agreed, among other things, to entrust to the Tripartite Advisory Committee of the Ministry of Labour, Employment and Social Security the task of studying possible adjustments to the legislation to bring it into conformity with the provisions of the international labour conventions ratified by the Republic of Paraguay. Observing that in its report the Government includes no further information on the process to align the Labour Code with the Convention, the Committee trusts that the necessary measures will be taken to ensure that the provisions in question are amended in the near future. The Committee invites the Government to seek technical assistance from the Office in its process to amend the legislation. It requests the Government to provide information on any progress achieved in this regard.

The Committee recalls that in its previous comments it noted that according to information in the Government’s 2006 report regarding the referral of collective disputes to compulsory arbitration, sections 284–320 of the Code of Labour Procedure were tacitly repealed by section 97 of the Constitution of the Republic of Paraguay, which provides that “the State shall facilitate conciliatory solutions to labour disputes and social dialogue. Arbitration shall be optional.” The Committee once again requests the Government, in the light of the provisions of the Constitution of Paraguay, and in order to avoid all possible ambiguity in interpretation, to take the necessary measures to amend or to repeal expressly the provisions in question.

The Committee expresses the firm hope that it will be able to note tangible progress regarding all referenced legislation in the near future, and requests the Government to report on developments in this regard.