Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Central African Republic (Ratification: 1964)

Draft revised Labour Code. The Committee notes the Government’s indication that the draft revised Labour Code has been submitted to Parliament for adoption and that the Government's replies to the Committee's previous requests refer to the content of the draft Labour Code and several of its articles. As the text of this draft has not been transmitted to the Office, the Committee is not in a position to examine the conformity of its provisions with the Convention. The Committee requests the Government to provide information on any developments concerning the draft revised Labour Code and to transmit a copy once it has been adopted.

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee considered that section 30(2) of the Labour Code does not cover all of the acts of interference prohibited by Article 2 of the Convention. The Committee also noted the Government’s indications that implementing regulations would be adopted to cover all of the acts of interference and that these regulations would also specify the penalties applicable in that regard.

The Committee notes that, according to the Government, the Committee's comments on protection against acts of interference were not incorporated into specific implementing regulations but were eventually taken into account in the Bill issuing the revised Labour Code, particularly in sections 31 to 45. The Committee requests the Government to provide detailed information on the progress achieved at the legislative level aimed at expanding protection against acts of interference and to communicate the content of the provisions in question once they have been adopted by Parliament.

Article 4. Promotion of collective bargaining. Section 40 of the Labour Code. In its previous comments, the Committee noted that, in accordance with section 40 of the Labour Code, collective agreements must be discussed by the delegates of employers’ and workers’ organizations belonging to the occupation or occupations concerned. Having also observed that no provision of the Labour Code appears to explicitly recognize the right of federations and confederations to conclude collective agreements, the Committee requested the Government to provide copies of collective agreements negotiated and concluded by federations or confederations.

The Committee notes the Government’s indication that section 41 of the Bill issuing the revised Labour Code charges the federations’ representatives with assisting trade union delegates in negotiating the collective agreements based on occupation. Recalling that the level of bargaining should normally be a matter for the social partners themselves, the Committee requests the Government to specify whether, beyond the function of assisting the trade union delegates mentioned by the Government, the new provisions of the revised Labour Code explicitly recognize the right of federations and confederations to themselves conclude collective agreements, and to communicate, where relevant, copies of all collective agreements negotiated and concluded by the federations and confederations.

Sections 197 and 198 of the Labour Code. For several years, the Committee has been drawing the Government’s attention to the fact that, under the terms of sections 197 and 198 of the Labour Code, representatives of trade union organizations and occupational groupings of workers (non-unionized) are on an equal footing in relation to collective bargaining, even though the negotiation of collective agreements by occupational groupings of workers should only be possible where no trade union exists. Regretting the absence of information on this matter, the Committee trusts that the current draft reformed Labour Code will finally contain provisions to ensure that occupational groupings of workers can only negotiate collective agreements with employers where no trade union exists in the bargaining units concerned. The Committee requests the Government to provide information in this regard.

Sections 367 to 370 of the Labour Code. In its previous comments, the Committee requested the Government to envisage amending sections 367 to 370 of the Labour Code, which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration. Regretting, once again, the absence of information in this regard and recalling that, by virtue of the principle of the promotion of free and voluntary collective bargaining set out in Article 4 of the Convention, recourse to compulsory arbitration in the case of disagreement between the parties to collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term or in the event of an acute national crisis, the Committee requests the Government to provide information on the progress achieved at the legislative level in this regard.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. Section 211 of the Labour Code. In its previous comments, the Committee noted that, under section 211 of the Labour Code, the possibility of concluding collective agreements in the public sector concerns only personnel in public services, enterprises and establishments not governed by specific conditions of service and requested the Government to specify to what extent, and based on which text, public servants not engaged in the administration of the State who are subject to specific conditions of service enjoy the right to collective bargaining. The Committee recalls that, in accordance with Articles 4 and 6 of the Convention, public servants not engaged in the administration of the State, a category that includes employees in public enterprises, employees in municipal services and employees in other decentralized bodies, public sector teachers and employees of the public transport sector, must be accorded the right to collectively negotiate their conditions of work and employment. The Committee requests the Government to specify, firstly, the list of public services and establishments not subject to specific legislative or regulatory conditions of service and, secondly, whether, in law or practice, the public servants subject to such conditions of service can participate in genuine mechanisms to collectively negotiate their conditions of work and employment. The Committee also requests the Government to indicate whether the provisions of section 211 are affected by the draft revised Labour Code submitted to Parliament for adoption and to provide any relevant information in this regard.

Right to collective bargaining in practice. The Committee notes the information provided by the Government that several collective agreements have been identified for a possible review, such as the 1994 collective agreement on logging and the 1961 collective agreement on the catering industry. The Committee invites the Government to continue providing information on the ongoing review processes specifying the manner in which these are initiated and carried out. The Committee requests the Government to indicate the measures aimed at encouraging and promoting collective bargaining, in accordance with Article 4 of the Convention, and to specify the sectors concerned. The Committee also requests the Government to provide statistical information on the number of collective agreements concluded and in force, in both the public and private sectors, and to indicate the sectors and number of workers covered by these agreements.