Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Workers' Representatives Convention, 1971 (No. 135) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes with regret that the Government’s report does not contain information in response to the observations presented by the Confederation of Trade Unions of Congo (CSC) in 2014, alleging that, in several enterprises, workers’ representatives do not enjoy effective protection as set out in Article 1 of the Convention and that some have even been dismissed or demoted. The Committee urges the Government to provide its comments in this regard.

The Committee notes that section 258 of the Labour Code provides that any dismissal of a titular or substitute delegate by an employer or his or her representative or any transfer that involves the loss of status of the delegate shall be contingent on the approval of the competent labour inspector. The Committee also notes: (i) Ministerial Order No. 12/CAB.MIN/ETPS/041/08 of 8 August 2008 on recourse to a judicial review of the decision of the labour inspector in the event of dismissal or transfer of a titular or substitute trade union delegate; (ii) Ministerial Order No. 048/CAB/VPM/METPS/2015 of 8 October 2015 amending and supplementing Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004 establishing the procedures for workers’ representation and electoral appeals in enterprises or establishments of any kind; and (iii) the protection measures provided for by these two texts, in section 1 and chapters VI (repudiation of a trade union delegate) and VII (facilities afforded to delegates), respectively.

Nevertheless, in view of the many cases examined by the Committee on Freedom of Association, which mainly concern acts of anti-union discrimination against trade union leaders and representatives, the Committee is once again bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, including those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions. The Committee requests the Government to supply information on the application of the relevant provisions of the Labour Code and the Orders mentioned above, with a particular indication of the number of cases in which acts of discrimination against workers’ representatives have been recorded and the follow-up actions taken in this regard.