Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Nicaragua (Ratification: 1967)

The Committee notes the Government’s reply to the comments made by the International Trade Union Confederation (ITUC) dated 29 August 2008 referring to the imposition of compulsory arbitration and anti-union dismissals in export processing zones (EPZs) and various enterprises. The Committee notes the Government’s indication that compulsory arbitration in EPZs is provided for in the Foreign Investment Promotion Act and that it refers to commercial and not labour matters. The Committee requests the Government to undertake an investigation into the comment alleging anti-union dismissals in EPZs and various enterprises. The Committee also requests the Government to send its observations on the ITUC comments dated 26 August 2009 which also refer to this matter.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee duly notes that section 316 of the Penal Code, as amended in 2008, reinforces protection against acts of anti-union discrimination by providing that any termination of an employment relationship or modification thereof to the detriment of the worker by way of reprisal for the exercise of a labour right recognized in the Constitution, international instruments, laws, regulations or collective agreements shall be liable to a fine ranging from 90 to 300 days.

Article 2. Protection against acts of interference. In its previous comments the Committee referred to the need for the legislation to provide sanctions that are a sufficiently effective deterrent against acts of interference by employers or their organizations in trade union affairs. In this respect, the Committee notes with satisfaction the Government’s indication that section 316 of the Penal Code, as amended in 2008, imposes a fine ranging from 90 to 300 days on any employer, manager or administrator who finances or promotes organizations intended to restrict or impede the full freedom and autonomy of trade unions which are established in the Political Constitution of the Republic of Nicaragua, international instruments, laws, regulations or collective agreements.

Article 4. Promotion of collective bargaining. The Committee previously requested the Government to take steps to encourage collective bargaining in EPZs and to keep it informed of any measures taken in this respect. The Committee notes the Government’s statement that in the first half of 2008 a total of 20 collective agreements were signed in the EPZs, covering a total of 54,054 workers.