Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's report and recalls that in its previous comment it asked it to indicate the measures adopted, both in law and in practice, to promote collective bargaining and to refrain from any intervention which could restrict the freedom to conclude collective agreements.

On this matter, the Committee takes due note that in its report the Government has affirmed that the Ministry of Labour does not intervene in the negotiation of collective agreements, restricting its function to that of depository of the copy which the contracting parties lodge with the Ministry, and to ensuring that the clauses contained in the agreements do not violate workers' rights as laid down in current legislation. The Government adds that section 242 of the new Labour Code stipulates non-interference by the Ministry of Labour in the negotiation of collective agreements, and that its role is merely to be the custodian of the agreement between the parties. According to the Government, the Code has now been approved by the National Assembly but has not entered into force because some of its sections were vetoed by the Executive Authorities, but none of these relates to the collective agreement and new section 242 remains as cited.

The Committee expresses the firm hope that the amendments contained in the new Labour Code which give effect to Article 4 of the Convention will enter into force in the near future. The Committee requests the Government to send it the full text of the new Labour Code as soon as possible.