Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

1. With reference to its previous comments, the Committee notes from the information supplied by the Government that the draft Code adopted by the National Labour Council contains practical provisions to protect employers' and workers' organisations from acts of interference by each other and provides for a strengthening of the penalties applicable to an employer who commits acts of anti-trade union discrimination in respect of employment.

The Committee would be grateful if the Government would, as it undertook to do in its report, supply the text of the revised Labour Code when it has been adopted by the competent authority.

2. In its previous comment, the Committee requested the Government to indicate whether the measures taken by the Executive Council to fix the rates of wage increases in public enterprises, to which it referred in a previous report, were still in force.

In its report, the Government points out that the right of free collective bargaining is recognised for these enterprises in accordance with section 266 of the Labour Code and sections 13 and 14 of the National Inter-Occupational Collective Agreement. According to the Government, wage increases in public enterprises are agreed upon through free collective bargaining between employers' organisations (or an individual employer) and workers' organisations on the basis of the minimum wage (SMIG) fixed by order of the President after consultation with the National Labour Council and at the proposal of the Minister concerned.

While noting this information, the Committee requests the Government to indicate the measures taken by the Executive Council during the period covered by its next report as regards wages policy and to supply information on the manner in which the collective bargaining process in the public sector is carried out, including the number of collective agreements concluded and specifying the public servants (excluding those engaged in the administration of the State) whose terms and conditions of employment and wages are determined by collective bargaining.