Collective Bargaining Convention, 1981 (No. 154) - Niger (Ratification: 1985)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 5 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee recalled that the right of trade unions to sit on advisory bodies was not sufficient to give effect to the right to collective bargaining recognized by the Convention, and it requested the Government to provide copies of collective agreements concluded in the public sector. The Committee notes with satisfaction the Government’s indication that protocol agreements have been concluded with the social partners in several sectors and notes that copies of four collective agreements have been provided: (i) the protocol agreement between the Government and workers’ trade union confederations on strict compliance with freedom of association by all employers, the provision of headquarters premises and a subsidy for all trade union confederations, the adjustment of pensions, a general wage increase of 10 per cent at all levels, the ratification of ILO Conventions on occupational safety and health and other matters of a general nature; (ii) the protocol agreement with the Administration responsible for Mining and Industrial Development and the National Union of Employees of the Administration Responsible for Mining and Energy (SYNPAMINE) on the wage system, the plan for the training of officials in the sector and the payment of the financial effects of promotion; (iii) the protocol agreement between the Government and the Confederation of Workers of Niger (ITN) on the reduction in the price of water and electricity, a substantial increase in the wages of all employees in the public, para-public and private sectors, the system of bonuses and indemnities for state employees, the judicial reform affecting the labour tribunal and other matters of a general nature; and (iv) the protocol agreement between the Government of the Republic of Niger and the Single Federation of Education Unions of Niger concerning the adoption of specific regulations for education personnel, the payment of wages of contractual teachers upon completion of their contracts, the completion of the payment of the financial effects of promotion, re classification and various indemnities, and other specific claims in the education sector. The Government adds that collective bargaining on wages resulted in a significant increase in wages which takes into account the cost of living and has contributed to a more peaceful social climate. The Committee notes the Government’s observations and invites it to continue taking measures, in consultation with the social partners, to encourage and promote collective bargaining in all the branches of economic activity covered by the Convention, including the public sector.

Promotion of collective bargaining by public servants engaged in the administration of the State. The Committee recalls that it has not been informed of specific legislative provisions guaranteeing the right to collective bargaining of public servants engaged in the administration of the State, who are governed by a specific legislative statute or regulations, and are accordingly excluded from the application of section 252 of the Labour Code. In light of the collective agreements referred to by the Government, which concern public employees, the Committee invites the Government to ensure that the legislation in force is in accordance with practice in relation to the recognition and exercise of the right to collective bargaining for public servants engaged in the administration of the State.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s indication that particular procedures have been adopted for the promotion of collective bargaining for public servants. The designated representatives of trade union federations sit on consultative bodies at all levels, including the Public Service Advisory Council, which examines all issues of a general nature concerning the public service, the Joint Technical Committee within each ministerial department comprising representatives of the administration and staff representatives, and the Promotions and Disciplinary Board within the Ministry of Labour and the Public Service. The Committee reminds the Government that the Convention, and in particular the right to collective bargaining, is not applied simply by giving trade unions the right to sit on consultative bodies. The Committee therefore requests the Government to supply copies of collective agreements signed in the public sector.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s indication that particular procedures have been adopted for the promotion of collective bargaining for public servants. The designated representatives of trade union federations sit on consultative bodies at all levels, including the Public Service Advisory Council, which examines all issues of a general nature concerning the public service, the Joint Technical Committee within each ministerial department comprising representatives of the administration and staff representatives, and the Promotions and Disciplinary Board within the Ministry of Labour and the Public Service. The Committee reminds the Government that the Convention is not applied simply by giving trade unions the right to sit on consultative bodies. The Committee therefore requests the Government to supply copies of collective agreements signed in the public sector.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous direct request concerning the scope of sections 208 and 209 of the Labour Code, which provide that, unless it is opposed within the two days following its notification, an arbitration award given by an arbitration council becomes enforceable, the Committee takes note of the Government's statement that if an opposition is filed within the prescribed time limit, the case is referred by the minister responsible for labour to another arbitrator or arbitration council after verification of the merits of the opposition. According to the Government, in any event, no decision becomes enforceable at the request of one of the parties.

The Committee asks the Government to indicate in its next report the number and nature of collective labour disputes that have been solved by enforceable arbitration award, and the cases where the minister responsible for labour has considered that the opposition to an arbitration award was not justified and to indicate the practical consequences of such a decision for the parties to the dispute.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government states in its report, with regard to the application of Article 3, paragraph 2, of the Convention, that the workers' representatives (staff delegates) take precedence over the trade unions in intervening in a dispute in any enterprise.

The Committee asks the Government to indicate whether this does not result in the trade unions being relegated to a secondary role, thereby weakening their position.

2. The Committee also notes from the Government's report that the Labour Advisory Committee (LAC) (section 158 of the Labour Code and sections 22 to 36 of Decree No. 67-126) seems to have attributions coming within the framework of Article 5(e) of the Convention.

The Committee asks the Government to provide particulars of the exact mandate of the LAC and particularly of the role it plays in practice, together with examples of cases in which it has intervened.

3. Lastly, the Committee notes that sections 208 and 209 of the Code provide that, in the event of a collective dispute, an arbitration award shall be given by an arbitration council, and that the award becomes enforceable unless it is opposed within the two days following its notification. However, the Code makes no provision for what occurs if a party opposes the award.

The Committee asks the Government whether, in this case, there is further, independent and binding arbitration, with the participation of the parties involved.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's first report on this Convention and requests the following information.

1. The Committee notes that the Government states in its report, with regard to the application of Article 3, paragraph 2, of the Convention, that the workers' representatives (staff delegates) take precedence over the trade unions in intervening in a dispute in any enterprise.

The Committee asks the Government to indicate whether this does not result in the trade unions being relegated to a secondary role, thereby weakening their position.

2. The Committee also notes from the Government's report that the Labour Advisory Committee (LAC) (section 158 of the Labour Code and sections 22 to 36 of Decree No. 67-126) seems to have attributions coming within the framework of Article 5(e) of the Convention.

The Committee asks the Government to provide particulars of the exact mandate of the LAC and particularly of the role it plays in practice, together with examples of cases in which it has intervened.

3. Lastly, the Committee notes that sections 208 and 209 of the Code provide that, in the event of a collective dispute, an arbitration award shall be given by an arbitration council, and that the award becomes enforceable unless it is opposed within the two days following its notification. However, the Code makes no provision for what occurs if a party opposes the award.

The Committee asks the Government whether, in this case, there is further, independent and binding arbitration, with the participation of the parties involved.