Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Haiti (Ratification: 1957)

The Committee has taken note of the information provided by the Government in its report and of the conclusions reached by the Committee on Freedom of Association in Case No. 1396 examined in February 1989 (see 262nd Report) relating to anti-union dismissal practices.

Further to its earlier comments on the need to amend section 34 of the Decree of 4 November 1983 which confers on the Service of Social Organisations the power to intervene in the preparation of collective agreements, and to adopt a specific provision containing protective measures against anti-union discrimination at the recruitment stage and to require employers that have dismissed workers on grounds linked to legitimate trade union activities to reinstate them in their jobs, the Committee notes the information supplied by the Government in its report. In particular, it notes with interest that following the ILO mission that went to Haiti and met the competent national departments in October 1988, section 34 of the Legislative Decree of 4 November 1983 is in the process of being revised and that the adoption of specific provisions prescribing protective measures against anti-union discrimination at the recruitment stage and the reinstatement of workers dismissed on grounds of legitimate trade union activities is currently being studied.

The Committee trusts that provisions in conformity with the requirements of the Convention will shortly be adopted and requests the Government to indicate in its next report any progress made in this respect. [The Government is asked to supply full particulars to the Conference at its 76th session.]