Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Paraguay (Ratification: 1962)

The Committee notes the comments of the International Trade Union Confederation (ITUC) dated 4 August and 31 July 2012 which refer to matters already under examination by the Committee. The Committee also recalls that in its previous comment it requested the Government to send its observations on the comments of the ITUC dated 24 August 2010, which referred to the arrest of trade union members. The Committee once again requests the Government to send its observations in this regard.

Pending legislative issues. The Committee recalls that for many years it has been commenting on the incompatibility of the following legislative provisions with the Convention:

• – the requirement of an unduly large number of workers (300) to establish a branch trade union (section 292 of the Labour Code);
• – the prohibition on joining more than one union even if the worker has more than one part-time employment contract, whether at the level of the enterprise or industry, occupation or trade, or institution (section 293(c) of the Labour Code);
• – imposition of unduly demanding conditions of eligibility for office on the executive board of a trade union: the need to be an employee in the enterprise, industry, occupation or institution, whether active or on leave (section 298(a) of the Labour Code), to have reached the age of majority and to have been an active member of the union (section 293(d) of the Labour Code);
• – the requirement for trade unions to respond to all requests from the labour authorities for consultations or reports (sections 290(f) and 304(c) of the Labour Code);
• – the requirement that, for a strike to be called, its sole purpose must be directly and exclusively linked to the workers’ occupational interests (sections 358 and 376(a) of the Labour Code); and
• – the obligation to provide a minimum service in the event of a strike in public services that are essential to the community without any requirement to consult the employers’ and workers’ organizations concerned (section 362 of the Labour Code).

The Committee recalls that in its previous comments it noted the drafting of a Bill to amend certain sections of the Labour Code and Amending Act No. 496/94. The Committee notes the Government’s indication in its report that meetings were held in 2011 with the President of the Legislative Commission of the Chamber of Senators relating to the draft bill to amend certain sections of the Labour Code and that it is proposed to hold an awareness-raising seminar with parliamentarians and representatives of the judicial system on international labour standards with a view to giving an impulse and making progress with the necessary reforms. The Committee firmly trusts that the necessary measures will be taken so that the provisions in question are modified or amended in the near future. The Committee invites the Government to have recourse to the technical assistance of the Office for the process of amending the legislation. The Committee requests the Government to provide information in its next report on any developments in this respect.

Finally, the Committee recalls that, with reference to sections 284–320 of the Code of Labour Procedure respecting the referral of collective disputes to compulsory arbitration, it noted previously that, according to the Government, these provisions were tacitly repealed by Article 97 by the Constitution of the Republic, promulgated in 1992, which provides that “the State shall facilitate conciliatory solutions to labour disputes and social dialogue. Arbitration shall be optional”. The Committee once again requests the Government, in accordance with the Constitution and in order to avoid any ambiguity in interpretation, to take the necessary measures to repeal explicitly sections 284–320 of the Code of Labour Procedure.

The Committee hopes to be able to note tangible progress at the legislative level in the near future and requests the Government to provide information in its next report on any developments in this regard.