Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Congo (Ratification: 1960)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation:

The Committee recalls that its previous comments focused largely on the need to amend the legislation on the minimum service "indispensable to safeguard the general interest" to be maintained in the public service, which is organized by the employer, wherein refusal to participate is deemed to constitute serious misconduct (section 248-16 of the Labour Code), in order to limit the minimum service to operations which are strictly necessary to meet the basic needs of the population and within the framework of a negotiated minimum service.

The Committee noted that the Government had undertaken to review this provision in consultation with the social partners with a view to modifying it or adopting an implementing text. It once again asks the Government to keep it informed of any developments in this matter and to provide a copy of the text amending the provision in the near future.

With regard to the fact that the Labour Code contains no provisions authorizing workers and employers to include in collective agreements a clause on the deduction of trade union dues from the wages of workers with the latter’s written consent, the Committee noted that, according to the Government, this question was on the agenda of the National Labour Advisory Commission and that, in cooperation with the social partners, a procedure would be adopted which took account of the requirements of the Convention. The Committee once again asks the Government to keep it informed of any developments in this matter in its future reports.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.