Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Yemen (Ratification: 1969)

Comments of the International Trade Union Confederation (ITUC). The Committee notes the comments submitted by the ITUC in its communication dated 29 August 2008 and requests the Government to communicate its observations thereon.

Articles 1, 2 and 3 of the Convention. Protection against anti-union practices. The Committee recalls that for a number of years it had been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. In its last observation, the Committee had noted the process of formulating the new draft legislative amendments to the Labour Code. It had further noted the Government’s indication that it would endeavour to add provisions on penal responsibility of employers committing acts of anti-union discrimination and interference in trade union affairs in order to bring the legislation into conformity with the Convention. The Committee notes that in its report, the Government reiterates its previous statement and adds that the Committee’s observation will be taken into account when making amendments to the Law on Trade Unions and supplementing the Penal Code. The Committee requests the Government to indicate the progress made in this respect and to provide a copy of the amended legislative texts as soon as they have been adopted.

Article 4 of the Convention. Power granted to the Ministry of Labour to refuse registration of a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation and not on the basis of consideration of “the economic interests of the country”. The Committee notes that the Government reiterates that it has adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code. The Committee further notes the Government’s indication that the Labour Code is being revised by the Ministry of Legal Affairs before being submitted to the Council of Ministers and to the Parliament. Noting that the process of formulating the draft legislative amendments appears to be going in the right direction, the Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation. The Committee requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country. The Committee notes the Government’s indication that the requested statistics on collective bargaining are now available and will be sent in its subsequent reports. The Committee expresses the firm hope that the Government will provide these statistics together with its next report.