Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Congo (Ratification: 1999)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments the Committee requested information on the application in practice of section 210(3) of the Labour Code, including examples of damages awarded by the courts in disputes relating to acts of anti-union discrimination or interference by employers. The Committee notes the Government’s indication that it does not have this kind of information. The Committee reiterates its request and trusts that the Government will be able to provide information in its next report on the amount of damages awarded by the courts in the context of disputes relating to acts of anti-union discrimination or interference by employers.

Article 4. Collective bargaining on the deduction of trade union dues. The Committee notes the Government’s indication that the check-off facility for trade union dues has been abolished and not replaced by any other mechanism and that at present it is up to the unions themselves to collect their members’ dues. However, the Government points out that it is planned to include a consensual provision in the new draft Labour Code. The Committee trusts that, in the context of the revision of the Labour Code, specific consideration will be given to the question of the deduction of trade union dues at source by employers and the transfer thereof to the unions, and it requests the Government to provide information on any new developments in this respect.

Moreover, the Committee referred in its previous comments to the consequences of one of the parties challenging within the prescribed time limit the report of the Recommendations Committee responsible for dealing with collective disputes, including in collective bargaining, in accordance with section 246 of the Labour Code. The Committee recalls that the Government undertook to examine the issue in the context of the revision of the Labour Code. The Committee requests the Government to provide information on any new developments in this respect.

Articles 1, 2, 4 and 6. Right to collective bargaining in the public sector. The Committee previously asked the Government to indicate the legislation applicable to persons employed in public administrations which are excluded from the scope of the Labour Code. The Committee notes the Government’s indication in its report that the right to organize and engage in collective bargaining is recognized, in general, for all state employees, with the exception of members of the armed forces and security forces, who are excluded from section 2 of the General Public Service Regulations.