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

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

The Committee notes the Government's report.

The Committee had noted in its previous direct request that the new Labour Code and the Regulation governing Trade Union Organizations (Decree No. 55-97, formerly Decree No. 10-97) guarantee protection against dismissal and sanctions only to trade union officials and workers who express their wish to join a trade union and had raised questions regarding protection against acts of discrimination against workers either at the time of recruitment or during their terms of employment (dismissals, transfers, etc.). The Committee had also raised questions regarding protection against acts of interference by employers in trade union organizations and by trade unions in employers' organizations.

Article 1. As regards protection against acts of discrimination at the time of recruitment, the Committee notes that the information provided by the Government makes no mention of specific protection. The Committee points out that to ensure the effective practical application of Article 1 of the Convention, the legislation should prohibit and sanction acts of anti-union discrimination at the time of recruitment and again requests the Government to take the necessary measures to amend national legislation to that effect.

As regards protection against dismissal of workers for trade union activities, the Committee notes that section 46 of the Labour Code provides that when termination of a contract of employment by the employer takes the form of reprisals against a worker who has or intends to exercise his trade union rights, the worker can apply to the industrial tribunal for reinstatement.

As regards other acts of anti-union discrimination, particularly with regard to transfers, the Government indicates that two sections of the Labour Code are relevant. Section 31 establishes that "a worker can be transferred from one job to another by mutual agreement without detriment to his conditions of employment, salary, labour rights". Section 32 of the Code, which envisages transfers during a state of emergency, states that the transfer should not exceed the duration of the state of emergency, and that the worker should not incur a loss of earnings or a change in employment. The Committee notes this information, and asks the Government to indicate whether, under section 32, the transfers could have an impact on the trade union leaders exercise of trade union rights.

Article 2. As regards acts of interference, the Committee takes due note of the provisions of the Labour Code which lay down the obligation of the employer, inter alia, to respect the authority of the trade unions and to refrain from interfering in their establishment and functioning. The Committee requests the Government to provide information on the sanctions envisaged by legislation in the event of non-compliance of the above Article.