Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information in the Government’s report. It notes in particular the Government’s statement that work has begun on revising the Labour Code.

The Committee recalls that its previous comments focused 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 constitutes serious misconduct (section 248-16 of the Labour Code). The Committee noted that the definition of the minimum service should be limited to those operations which are strictly necessary to meet the basic needs of the population and that workers’ organizations should participate in the determination of such a service. The Committee notes that the Government confirms its intention to review this provision in consultation with the social partners. The Committee again asks the Government to keep it informed of any developments in this area and to provide a copy of the text amending the provision.

The Committee also noted 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 consent. The Committee asks the Government to state in its next report whether procedures exist, in practice, for deducting trade union dues from workers’ wages.

The Committee requests that the Government keep it informed of progress in the revision of the Labour Code in its next report and provide copies of any draft amendments to the Code so that their conformity with the provisions of the Convention may be ascertained.