Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Congo (Ratification: 1960)

The Committee notes with regret that the Government’s report does not reply to its previous comments. It expresses its concern in this regard. It hopes that the next report will include full information on the matters raised in its previous comments.

Article 3 of the Convention. Right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. The Committee previously requested the Government to take measures to amend section 248-11 of the Labour Code to remove the reference to the occupation of premises from the list of acts constituting serious misconduct during a strike, so as to bring it into conformity with the principles whereby the occupation of premises, in the event of a strike, should only be deemed as constituting serious misconduct in cases where the action loses its peaceful nature, or in the event of failure to respect the freedom to work of non-strikers, or the right of the enterprise management to enter the premises. The Committee therefore requests the Government to ensure that section 248-11 is amended as part of the revision of the Labour Code that is under way, as indicated in its report, in order to take full account of the above principles.

In its previous comments, the Committee referred to the need to amend the legislation on the minimum service organized by the employer to be maintained in the public service that is indispensable for safeguarding the general interest (section 248-15 of the Labour Code), in order to limit the minimum service to operations which are strictly necessary to meet the basic needs of the population, and to guarantee that it is a negotiated minimum service. The Committee recalls that the Government undertook to take account of these principles in the process of the current revision of the Labour Code. The Committee requests the Government to provide information on any new developments in this respect.

The Committee also previously observed that, under sections 248-11 and 248-12 of the Labour Code, read in conjunction, participation in an unlawful strike constitutes serious misconduct and those concerned may be liable to criminal prosecution. The Committee requested the Government to indicate the criminal penalties which could be imposed under these conditions on striking workers. The Committee noted the Government’s indication that these penalties consist of paying the cost of the damage caused to the enterprise and to non-striking workers. The Committee emphasizes that criminal penalties must not be imposed on workers who have gone on strike and that such penalties may only be considered if, at the time of the strike, violence against persons or property or other serious offences under criminal law are committed, pursuant to the legislative provisions that punish such actions, particularly the Penal Code. The Committee requests the Government to take all necessary measures to ensure observance of this principle.