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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Yemen (Ratification: 1969)

South Yemen

Referring to its general observation, the Committee notes that the Government's report has not been received. It recalls its previous request:

In its previous comment, the Committee requested the Government to extend the protection of workers against acts of anti-union discrimination (which is currently guaranteed in respect of employment by Act No. 24 of 10 September 1981 and by Ministerial Order No. 25 of 1989) to the time of recruitment; this protection should be accompanied by sufficiently effective and dissuasive sanctions (Article 1(2)(a) of the Convention).

In its report, the Government refers to section 93 of the Labour Code. In the opinion of the Committee, this provision, which lays down the right of workers to establish trade union organisations, does not provide workers with the protection guaranteed by Article 1(2)(a) of the Convention, which is intended to protect workers from any acts the aim of which is to subject their recruitment to the condition that they do not join a trade union or that they cease to be members of a trade union.

The Committee therefore requests the Government to amend its legislation so as to extend protection against acts of anti-union discrimination to the time of recruitment and to indicate the sanctions that are applicable to employers who are found to have committed acts of anti-union discrimination.

The Committee once again requests the Government to supply information on the effect given in practice to Article 4 respecting the promotion of collective bargaining by indicating, for example, the number of collective agreements that have been concluded, their duration, the signatory organisations, the sectors covered and the number of workers concerned.

The Committee trusts that the legislative revision that is taking place will take all these points into consideration and asks the Government to supply the relevant texts with its next report.