Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Nicaragua (Ratification: 1967)

The Committee takes note of the Government's report and observes that it contains information about compliance with the recommendations made by the Commission of Inquiry appointed in accordance with article 26 of the ILO Constitution to consider the complaint filed against Nicaragua concerning Conventions Nos. 87, 98 and 144.

The Committee takes due note that the Government indicates that, taking into account the observations of the Committee of Experts, the Commission of Inquiry and ILO advisers, it has prepared a draft Labour Code. In addition, with regard to tripartite consultations provided for in Convention No. 144, the Government states that extensive recourse to tripartism in different labour activities took place.

In this connection the Committee reminds the Government of its observations concerning the need to repeal Decree No. 530 of 24 September 1980, section 1 of which subjects collective agreements to the prior approval of the Ministry of Labour before they can come into force; concerning the need to promote collective bargaining; and to the effect that the authorities should refrain from any intervention or remove any obstacle that may restrict the free conclusion of collective agreements at different levels. In addition the Committee reminds the Government that, so far as successive interventions by the public authorities in wage negotiations are concerned, persuasion is preferable to dictation; it asks the Government to be good enough to indicate in its next report the measures that exist to establish the autonomy of the parties in procedures for bargaining on wage increases.

The Committee asks the Government to send it a copy of the draft Labour Code referred to. The Committee expresses the firm hope that at its next session it may be able to record tangible results in the matter of bringing the law into conformity with the Convention, and that the future Labour Code will embody the recommendations made by the Commission of Inquiry in its report.