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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Timor-Leste (Ratification: 2009)

The Committee notes the Government’s first report as well as the adoption on 21 February 2012 of Act No. 4/2012 enacting the Labour Code.

The Committee further notes the comments of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention, in particular, alleging the arrests of trade unionists and affiliates in the hotel sector. The Committee requests the Government to provide its observations thereon as well as on the 2011 ITUC comments.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. It recalls that the Convention applies to all workers “without distinction whatsoever”, and is therefore applicable – with the sole possible exception of the armed forces and the police, by virtue of Article 9 – to domestic workers and to public employees who should, like workers in the private sector, be able to establish organizations of their own choosing to further and defend the interests of their members. The Committee requests the Government to indicate the legislative provisions ensuring that public servants and domestic workers enjoy the guarantees enshrined in the Convention.

Article 3. Specific regulations concerning the right to strike. The Committee notes that, according to article 51(1) and (2) of the Constitution and section 95(3) of the new Labour Code, the exercise of the right to strike, including the conditions for the provision of minimum services, is to be regulated by specific legislation. Noting also the Government’s indication that a draft strike law has been submitted to Parliament, the Committee requests the Government to supply a copy of the law on strikes once adopted.