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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Paraguay (Ratification: 1966)

Articles 1–3 of the Convention. Pending legislative matters. The Committee recalls that for many years its comments have referred to:

• -the absence of legal provisions affording protection to workers who are not trade union leaders against all acts of anti-union discrimination (article 88 of the Constitution only affords protection against discrimination based on trade union preferences);
• -the absence of adequate penalties for non-observance of the provisions relating to the employment stability of trade unionists and to acts of interference in workers’ and employers’ organizations by each other (the Committee previously indicated that the penalties laid down in the Labour Code for non-compliance with the legal provisions on this point in sections 385, 393 and 395 are not sufficiently dissuasive, except in the case of a repeated offence by the employer, in which case the fine is doubled); in this regard, the Committee recalls, with regard to protection against acts of anti-union discrimination, that the Committee on Freedom of Association also requested the Government to ensure, in consultation with the social partners, the effectiveness of national procedures to prevent or punish acts of discrimination (see 355th Report, Case No. 2648, paragraph 963); and
• -the delays in the application of justice in relation to acts of anti-union discrimination and interference.

The Committee recalls that in its previous comments it noted the preparation of preliminary draft legislation to amend certain sections of the Labour Code and amending Act No. 496/94, and that the Government had held meetings with the President of the Legislative Committee of the Chamber of Senators in relation to the preliminary draft legislation to amend certain sections of the Labour Code. The Committee also notes the Memorandum of Understanding on International Labour Standards concluded on 1 October 2014 between the Government and the social partners, in which it was agreed, among other matters, to entrust the Tripartite Advisory Council of the Ministry of Labour, Employment and Social Security with the examination of possible legislative amendments in accordance with the provisions of the international labour Conventions ratified by Paraguay. Observing that the Government has not provided additional information on this subject in its report, the Committee firmly trusts that in the near future the necessary measures will be taken to ensure the full conformity of national law and practice with the requirements of the Convention, as indicated above. The Committee invites the Government to have recourse to ILO technical assistance. The Committee requests the Government to provide information on any progress made in this regard.

Article 6. Public servants not engaged in the administration of the State. The Committee recalls that in its previous comments it considered that sections 49 and 124 of the Public Service Act afford adequate protection against the dismissal of trade union officers within the meaning of Article 1 of the Convention, but do not cover protection against dismissal or other prejudicial measures against public servants and public employees due to their membership or legitimate union activities. The Committee once again notes that the Government has not provided information on this point. The Committee once again requests the Government to take the necessary measures to provide for adequate protection in the legislation against acts of anti-union discrimination against public servants and public employees, including those who are not trade union officers, and also to establish sufficiently dissuasive sanctions.