Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Congo (Ratification: 1999)

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Legislative reform. The Committee notes the information provided by the Government that the draft Bill on the Labour Code is being finalized and that it was the subject, in April 2023, of a memorandum of technical comments of the Office, in response to the Government’s request.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and acts of interference. In its previous comment, the Committee noted the Government’s statement that it was not able to provide the information requested on the amount of damages awarded by the courts, in accordance with section 210(3) of the Labour Code, in disputes relating to acts of anti-union discrimination or acts of interference by employers. The Committee notes, first, that section 466 of the draft Bill on the 2023 Labour Code reproduces exactly the provisions of section 210 and, second, that the Government reiterates that it does not have the information requested on the amount of damages in question, mainly owing to the disconnect between the departments involved, although spaces for collaboration seem to be opening up between the Ministry for Labour and the judiciary. Recalling that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see 2012 General Survey on the fundamental Conventions, paragraphs 190 and 193), the Committee requests the Government to provide the information on the application in practice of section 210(3) of the current Labour Code and hopes that it will soon be able to provide the information requested on the amount of damages awarded by the courts under this section, owing to better collaboration among the departments concerned.

Further, the Committee once again requests the Government to provide detailed information on the number of cases of anti-union discrimination or interference, under the terms of Articles 1 and 2 of the Convention, brought to the attention of the labour inspectorate or the competent courts, as well as the outcome of these procedures.

Article 4. Promotion of collective bargaining. Procedure for the resolution of collective bargaining disputes. In its previous comments, the Committee requested the Government to describe both the collective dispute settlement procedures in force and the relevant procedures envisaged by the preliminary draft Labour Code. The Committee notes the Government’s indication that, in the preliminary draft Labour Code, the National Social Dialogue Committee, including the departmental social dialogue committees, are called on to play a more active role than in the past and that one of the challenges will be the establishment and effective functioning of the departmental social dialogue committees. The Committee notes this information.

Right to collective bargaining in practice.The Committee requests the Government to provide information on the number of collective agreements concluded, the sectors concerned and the number of workers covered.