Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Benin (Ratification: 1968)

The Committee notes the Government’s report. It also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) concerning the application of the Convention. The Committee notes that, according to the ICFTU, seafarers do not have the right to organize as they are excluded from the scope of application of the Labour Code; various reports have referred to trade unionists being dismissed due to their trade union activities; and in certain cases, the management of private sector enterprises supports parallel trade union organization.

The Committee notes the Government’s response to the observations made by the ICFTU. With regard to the comment on the exclusion of seafarers from the scope of application of the Labour Code, the Government indicates that Act No. 98-015 of 15 May 1998 recognizes the seafarers’ right to organize. In this regard, the Committee requests the Government to indicate whether the seafarers also enjoy the right to collective bargaining. As to the comment concerning the support lent to parallel trade union organizations by the management of private enterprises, the Government indicates that, in conformity with section 79 of the Labour Code, no employer shall use pressure in favour of or against a trade union organization of employees whatever its nature; the Government emphasizes that the comments and statements are too general. The Committee invites the Government  to provide fuller statistical information on the complaints lodged at the national level on acts of interference by employers’ organizations and on the sanctions imposed.