Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Paraguay (Ratification: 1962)

The Committee notes the Government's report.

1. The Committee has been commenting for many years on the need for public servants, be they from the central administration or from decentralized units, to enjoy the guarantees provided under the Convention. The Committee had already noted that by virtue of Act No. 496 of 24 August 1995 public sector workers are covered by the Labour Code and enjoy the right to form trade unions and to strike, until the adoption of an Act specifically governing the subject, and that a draft of the Status of Civil Servants and Public Employees which allows these workers to form trade unions has been prepared. In this connection the Committee notes the Government's indication that the Statute in question has been submitted to Congress with a favourable opinion from the Parliamentary Committee. The Committee hopes that it will shortly be adopted and asks the Government to inform it in its next report on all progress in this regard.

2. In its earlier observation the Committee commented on Decree No. 16769/93, which regulates in a detailed and meticulous manner the electoral process, and it noted that the Supreme Court of Justice had declared this Decree unconstitutional. In this connection the Committee notes the Government's indication that the Decree in question is not in force, since not only was it declared inapplicable by the Supreme Court, but the field is now regulated by the new Electoral Code, No. 834/96. The Committee requests the Government to provide it with a copy of the new Electoral Code.

3. The Committee also commented on certain provisions of the Code of Labour Procedure (sections 284, 291, 293, 302 and 308) regarding referral of collective dispute to compulsory arbitration, and the dismissal of workers who stop work before conciliation and compulsory arbitration procedures have been suspended. In this connection, the Committee notes the Government's information to the effect that: (i) compulsory arbitration is not applicable by virtue of section 97 of the National Constitution, which provides that arbitration as a means of solving conflicts is optional; consequently, dialogue and consultation have been established with the most representative organizations in the country; and (ii) the new draft Code of Labour Procedure was being studied. The Committee expresses the hope that the new Code will shortly be adopted and that it will not include the provisions on which the Committee has commented. The Committee requests the Government to inform it in its next report on all progress achieved in this respect.

4. Lastly, the Committee once again regrets that the Government does not refer to its comments on: (i) the requirement of 300 workers as the minimum number to form a trade union (section 292); and (ii) the requirement of being an active worker in the enterprise and an active worker of the trade union in order to be eligible for trade union office (section 298(a) and 293(d) of the Labour Code). The Committee once again requests the Government to take measures to amend the provisions mentioned above so as to reduce the number of workers necessary to form a trade union, and allow workers to elect their representatives freely.

The Committee requests the Government to inform it in its next report on all measures adopted in compliance with the requirements of the Convention.

The Committee is also addressing a direct request to the Government.