Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes with regret that the Government’s report has not been received. It also notes that the Government was requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference due to the failure to provide reports and information on the application of ratified Conventions. Noting that in November 2017 the Government received technical assistance from the Office and the International Training Centre of the ILO on the subject, the Committee expects that the Government will be more cooperative in the future in fulfilling its constitutional obligations.

The Committee recalls that its previous comments addressed the following points:

Article 2 of the Convention. Protection against acts of interference. The Committee previously recalled that, although section 235 of the Labour Code prohibits all acts of interference by employers’ and workers’ organizations in each other’s affairs, section 236 provides that acts of interference shall be defined more precisely in an order. The Committee once again requests the Government to indicate any new developments regarding the adoption of the order in question, and expects that the Government’s next report will indicate that specific progress has been made in this regard, in particular the inclusion of the various acts specified in Article 2 of the Convention.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee noted various agreements concluded between the administration and the trade unions representing public servants not engaged in the administration of the State. It concluded that, in practice, wage bargaining and agreements exist in the public sector. However, having noted that section 1 of the Labour Code expressly excludes from its scope career officials of the state public services governed by the general conditions of service and career employees and officials of state public services governed by specific conditions of service, the Committee requested the Government to take measures to ensure that the national legislation clearly guarantees the right to collective bargaining of all public servants not engaged in the administration of the State, as provided in Articles 4 and 6 of the Convention. The Committee noted the Government’s repeated indication that mechanisms for collective bargaining exist between public sector unions and the administration, such as the joint committee. The Committee is once again bound to repeat its request to the Government to establish explicitly in the national legislation, for example as part of the public administration reform under way, the right to collective bargaining of all public servants not engaged in the administration of the State, so that the legislation is consistent with the practice. Meanwhile, it once again requests the Government to provide information on all negotiations held in the joint committee.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee is raising other matters in a request addressed directly to the Government.