Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Paraguay (Ratification: 1966)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that for many years its comments have been referring to:

-  the absence of legislative provisions affording workers who are not trade union leaders adequate protection against all acts of anti-union discrimination (article 88 of the Constitution affords protection only against discrimination based on trade union preferences); and

-  the absence of sanctions against non-observance of the provisions relating to the employment stability of trade unionists and acts of interference by workers’ and employers’ organizations in each other’s organizations (the Committee had noted that the sanctions envisaged in the Labour Code for non-observance of the legal provisions concerning this point (sections 385 and 393) were not sufficiently dissuasive and noted with interest the new Act No. 1416, which amends section 385 of the Labour Code and provides for adequate sanctions; however, the constitutionality of the Act has been challenged and the Act has been suspended).

The Committee notes that the Government does not provide firm information on these subjects and confines itself to indicating that: (1) with regard to Article 1 of the Convention, article 88 of the National Constitution provides that no discrimination shall be admitted between workers on grounds of trade union preference; (2) with regard to Article 2 of the Convention, the Labour Code provides in section 286 that workers’ and employers’ occupational organizations shall enjoy adequate protection against any interference in each other’s activities.

Under these conditions, the Committee regrets that, despite the technical assistance provided by the ILO, progress has not been made on the issues raised and it reminds the Government of the importance of adopting measures to ensure that full effect is given to Articles 1 and 2 of the Convention. The Committee hopes that the above measures will be adopted in the near future and requests the Government to provide information on this matter in its next report.

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

Finally, with respect to the observations, concerning Law No. 1626 on the civil service, submitted by the General Confederation of Workers (CGT), the Confederation of Trade Unions of Workers of the State of Paraguay (CE SITEP) as well as by the Single Confederation of Workers (CUT), the Committee requests the Government to transmit a copy of the special law that governs the collective bargaining of contracts of employment referred to in section 51. Further the Committee requests the Government to identify the provisions that afford a protection to public servants and public employees, who are not trade union leaders, against any act of anti-union discrimination.