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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Democratic Republic of the Congo (Ratification: 1969)

The Committee takes note of the Government's report.

The Committee recalls that its previous comments addressed the following points:

- the need to strengthen the legislative provisions ensuring that workers are protected against acts of anti-union discrimination (Article 1 of the Convention);

- the need to complete the provisions concerning the protection of trade union organisations against acts of interference by both employers' organisations and individual employers (Article 2);

- the need to ensure that workers employed in public enterprises, other than those engaged in the administration of the State, may enjoy the right to negotiate their conditions of employment collectively without interference by the public authorities (Articles 4 and 6) since, in its 1986 report, the Government itself admitted that for compelling reasons of national economic interest the Executive Council was obliged to fix the rates of wage increases in public enterprises.

Articles 1 and 2 of the Convention. The Committee takes due note of the assurances given by the Government in its last report to the effect that, as part of the revision of the Labour Code, measures are to be taken to:

- strengthen, by imposing a fine on employers committing acts of discrimination liable to prejudice freedom of association in employment, the provisions protecting such workers; and

- adopt an Order issued by the Commissioner of State for Labour and Social Welfare determining, inter alia, practical measures to ensure protection against acts of interference in the establishment of workers' organisations, committed by individual employers.

While recalling that penal sanctions, by way of fines or imprisonment, are likely to give an adequate protection against acts of discrimination, the Committee trusts that provisions in conformity with the Convention will be adopted in the near future and asks the Government, in its next report, to provide information on the progress made in this regard.

Articles 4 and 6. As regards the fixing of wage increases in public enterprises, in its last report the Government indicates that workers in such enterprises enjoy the right to a free collective bargaining by virtue of section 266 of the Labour Code and sections 13 and 14 of the National Inter-Occupational Collective Agreement (CCINT).

The Committee takes note of these indications but recalls that the fixing of wage increase rates by the authorities runs counter to the principle of free negotiation of conditions of employment contained in Article 4 of the Convention, when such a measure is applied to workers in public enterprises.

The Committee therefore requests the Government to state whether this measure which, according to the information provided previously, was to apply for a limited period has been renewed. If so, it requests the Government to re-examine this procedure and to reinstate the voluntary negotiation machinery provided for in the legislation or, if the economic situation calls for a restrictive wages policy, to endeavour to associate the social partners in this policy through appropriate machinery.

The Committee requests the Government to provide information on measures taken or under consideration to promote the free negotiation of collective agreements in the public enterprise sector.