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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Benin (Ratification: 1968)

The Committee notes that the Government’s report has not been received.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, alleging the fact that collective bargaining is in practice subject to intervention by the Ministry of Labour or the labour inspectorate, which are responsible for designating the trade union representation in bargaining committees at the sectoral level. The ITUC also reports compulsory recourse to particularly long conciliation and arbitration procedures when disputes arise during collective bargaining. Lastly, the ITUC considers too high the number of votes required in occupational elections for a first-level union to be considered as representative (40 per cent of the votes cast). On this last point, the Committee recalls that the requirement of too high a percentage for representativity to be authorized to engage in collective bargaining may hamper the promotion and development of free and voluntary collective bargaining within the meaning of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 233). The Committee requests the Government to provide its comments in response to the issues raised by the ITUC.

The Committee also requests the Government to provide information on the measures taken to promote collective bargaining in the private and public sectors, and to indicate the collective agreements concluded, with an indication of the sectors and the number of workers covered.