Workers' Representatives Convention, 1971 (No. 135) - Burundi (Ratification: 1997)

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

The Committee takes note of the Government’s report received in the first half of 2020, as well as the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations of the Trade Union Confederation of Burundi (COSYBU) received on 19 August 2019 and 14 August 2020 concerning the matters examined in the present comment.

The Committee had previously requested the Government to provide its comments on the observations made by the COSYBU, according to which the legislative texts relating to trade union representatives (the ordinance implementing the Labour Code) had not yet been adopted. In its previous comments, the Committee noted the Government’s indication that its comments would be taken into account in the context of the current revision of the Labour Code. The Committee notes the Government’s indication that the technical committee has completed its work and that a draft revised Labour Code is before Parliament pending adoption. It also notes the indication of the COSYBU that trade union organizations recommended to Parliament that certain sections be added to the draft Labour Code to ensure the protection of trade union representatives. The Committee expects that the draft revised Labour Code gives full effect to the provisions of the Convention. It requests the Government to provide information on any further developments regarding the current legislative process and to send a copy of the revised Labour Code, once it has been adopted.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee previously requested the Government to provide its comments on the observations made by the Trade Union Confederation of Burundi (COSYBU) in 2012, according to which the legislative texts respecting trade union representatives (the ordinance implementing the Labour Code) have not yet been adopted.

The Committee notes the Government’s indication that the Committee’s comments will be taken into account in the context of the current revision of the Labour Code. The Committee trusts that the Government will be in a position to provide information on the progress achieved in the abovementioned revision process in the very near future.

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

The Committee previously requested the Government to provide its comments on the observations made by the Trade Union Confederation of Burundi (COSYBU) in 2012, according to which the legislative texts respecting trade union representatives (the ordinance implementing the Labour Code) have not yet been adopted.

The Committee notes the Government’s indication that the Committee’s comments will be taken into account in the context of the current revision of the Labour Code. The Committee trusts that the Government will be in a position to provide information on the progress achieved in the abovementioned revision process in the very near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee requests the Government to send its comments on the observations made by the Trade Unions Confederation of Burundi (COSIBU) in 2012, according to which the legislation has not been developed (implementing ordinance of the Labour Code) with regard to trade union representatives, as well as on the observation of COSIBU received on 24 September 2014.

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

The Committee notes the observation of COSIBU received on 24 September 2014. It requests the Government to provide its comments in this respect.

The Committee notes with regret 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.

The Committee requests the Government to send its observations on the comments made by the Trade Unions Confederation of Burundi (COSIBU) in 2012, according to which the legislation has not been developed (implementing ordinance of the Labour Code) with regard to trade union representatives.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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 direct request, which read as follows:

Repetition

The Committee requests the Government to send its observations on the comments made by the Trade Unions Confederation of Burundi (COSIBU), according to which the legislation has not been developed (implementing ordinance of the Labour Code) with regard to trade union representatives.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret 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 direct request, which read as follows:

Repetition

The Committee requests the Government to send its observations on the comments made by the Trade Unions Confederation of Burundi (COSIBU), according to which the legislation has not been regulated with regard to trade union representatives.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret 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 direct request, which read as follows:

Repetition

The Committee requests the Government to send its observations on the comments made by the Trade Unions Confederation of Burundi (COSIBU), according to which the legislation has not been regulated with regard to trade union representatives.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee requests the Government to send its observations on the comments made by the Trade Unions Confederation of Burundi (COSIBU), according to which the legislation has not been regulated with regard to trade union representatives.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report has not been received and requests the Government to sent its comments on the observation made by the Trade Unions Confederation of Burundi (COSIBU), according to which the legislation has not been regulated with regard to trade union representatives.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

In reference to its previous comments in respect of the facilities afforded to workers’ representatives, the Committee duly notes that section 261 of the Labour Code provides that the employer shall grant staff representatives on the works council one hour every three months to hold a staff meeting, and that section 268 provides for the right to put up notices, organize meetings and collect dues.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes that the Government’s report has not been received, although the legislative texts requested have been made available. The Committee also notes the communication from the Confederation of Trade Unions of Burundi (COSYBU), dated 30 August 2005, transmitting its observations on the application of the Convention with regard to the facilities afforded to workers’ representatives to enable them to carry out their functions promptly and efficiently (Article 2 of the Convention).

2. With reference to its previous comments, the Committee notes with satisfaction the adoption of Act No. 1/015 of 29 November 2002 issuing regulations on the exercise of the right to organize and the right to strike in the public service, and particularly the fact that this Act affords facilities for workers’ representatives (posting of communications, collection of contributions, holding of meetings).

3. However, the Committee notes that, with regard to facilities for workers’ representatives, the Labour Code is limited to envisaging leave for trade union training in section 132. The Committee also notes that the National Inter- occupational Labour Agreement of 3 April 1980, although it establishes joint commissions with trade union leave to participate in their meetings, does not set out other facilities for workers’ representatives in the private sector or the representatives of employees in the public sector who are not public officials. The Committee therefore requests the Government to take measures to afford other facilities to workers’ representatives (trade union and other representatives) in these sectors to enable them to carry out their functions promptly and efficiently, including access to all workplaces where so required for their representational functions, the collection of trade union dues, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 direct request, which read as follows:

The Committee notes the Ministerial Ordinance No. 110/59 of 30 April 1971 on the protection of all personnel representatives against dismissal.

In its previous comments the Committee noted that the national legislation grants no facilities to trade union representatives. It asked the Government to indicate whether provision is made for such facilities in collective agreements. In its reply, the Government indicates that the facilities to be granted to trade unions are established in sections 132 and 151 of the Labour Code and article 14 of the National Inter-Occupational Labour Agreement, concluded on 3 April 1980. The Committee notes that the abovementioned provisions of the Labour Code establish entitlement for all workers only to leave for workers’ education, trade union training and vocational training and further training. The Committee requests the Government to take steps to ensure that the national legislation makes express provision for other facilities to be afforded to workers’ representatives (whether they are trade union or other representatives). The Committee asks the Government to send the text of the National Inter-Occupational Labour Agreement concluded on 3 April 1980, to which the Government refers but which has not been received.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and Ministerial Ordinance No. 110/59 of 30 April 1971 on the protection of all personnel representatives against dismissal.

In its previous comments the Committee noted that the national legislation grants no facilities to trade union representatives. It asked the Government to indicate whether provision is made for such facilities in collective agreements. In its reply, the Government indicates that the facilities to be granted to trade unions are established in sections 132 and 151 of the Labour Code and article 14 of the National Inter-Occupational Labour Agreement, concluded on 3 April 1980. The Committee notes that the abovementioned provisions of the Labour Code establish entitlement for all workers only to leave for workers’ education, trade union training and vocational training and further training. The Committee requests the Government to take steps to ensure that the national legislation makes express provision for facilities to be afforded to workers’ representatives (whether they are trade union or other representatives). The Committee asks the Government to send the text of the National Inter-Occupational Labour Agreement concluded on 3 April 1980, to which the Government refers but which has not been received.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

Article 1 of the Convention.  The Committee asks the Government to indicate in its next report if acts of anti-union discrimination other than dismissal (transfer, relocation, demotion, etc.) are prohibited by the legislation.

Article 2.  The Committee notes that the national legislation does not grant facilities to workers’ representatives. It requests the Government to indicate in its next report if such facilities are granted in the collective agreements and, if so, to forward a copy of the said agreements.

The Committee asks that the Government forward a copy of the O.M. No. 110/50 of 30 April 1971 regarding the protection of the workers’ representatives against dismissal and other legal provisions which apply in this matter.