Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Collective Bargaining Convention, 1981 (No. 154) - Rwanda (Ratification: 2018)

The Committee takes note of the Government’s first report.

Articles 1, 2 and 5 of the Convention. Scope of application. The Committee notes the Government’s indication that article 3 of Law No. 66/2018 of 30 August 2018 regulating Labour in Rwanda provides that a “collective agreement” means a written agreement relating to employment conditions or any other mutual interests between employees’ organizations or employees’ representatives where there are no such employees’ organizations on the one hand, and one or more employers or employers’ organizations, on the other hand. The same provision defines “employees’ organizations” as trade unions, federations of trade unions and employees’ confederations. The Committee wishes to stress that: (i) according to its Article 2, the Convention covers the negotiations carried out by all workers’ organizations – and not only employees’ organizations; and (ii) according to its Article 5(2)(a), collective bargaining should be made possible for all employers and all groups of workers in the branches of activity covered by this Convention. As a result, the recognition of the right to collective bargaining is wide-ranging in scope and should cover all workers, irrespective of their contractual status and should for instance include the self-employed. The Committee therefore requests the Government to provide information on how the right to collective bargaining is recognized to all categories of workers, irrespective of their contractual status. As this issue also falls within the scope of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government is invited to include the requested information in its next report on the application of Convention No. 98.

Collective bargaining in the public service. The Committee notes that article 49 of Law No. 017/2020 of 7 October 2020, establishing the General Statute governing public servants, recognizes the right of public servants to join the union of their own choosing. The Committee notes, however, that Law No. 017/2020 does not explicitly refer to collective bargaining mechanisms. The Committee highlights in this respect that, as a result of its articles 1.1 and 1.3, the Convention also applies to the public service and that, as a consequence, civil servants and public employees should also be able to collectively negotiate their working conditions and terms of employment. The Committee therefore requests the Government to provide information on the legal provisions and mechanisms that enable the civil servants to exercise their right to collective bargaining. The Committee further requests the Government to provide information in its next report on any collective negotiations held in the public service.

Article 3. Collective bargaining agents. The Committee observes that according to article 3 of the Labour Law above-mentioned, the elected representatives of workers may conclude collective labour agreements in the absence of trade union organizations. The Committee notes that this provision is in line with Article 3 of the Convention, as well as with Paragraph 2(1) of the Collective Agreements Recommendation, 1951 (No. 91). Recalling that under Article 3(2) of the Convention, when collective bargaining also includes negotiations with elected workers’ representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of these representatives is not used to undermine the position of the workers’ organizations concerned, the Committee requests the Government to inform about the number of collective agreements concluded by trade unions’ organizations and elected workers’ representatives respectively. As these issues also fall within the scope of Convention No. 98, the Government is invited to include the requested information in its next report on the application of the referred Convention.