Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Niger (Ratification: 1962)

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

Articles 1, 2, 3 and 6 of the Convention. Adequate protection against acts of anti-union discrimination and interference. Public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to take the necessary measures for the adoption of specific legislative measures providing adequate protection for public servants not engaged in the administration of the State against acts of anti-union discrimination and interference and, for that purpose, establishing expeditious and effective penalties and procedures. The Committee notes that the Government once again indicates that freedom of association and the right to collective bargaining are recognized by article 9 of the Constitution of 10 November 2010 and that personnel who are not governed by either the provisions of the Labour Code or of the General Public Service Regulations have established trade unions. However, the Committee notes that Government still does not refer to any specific measures that would protect the above category of personnel against acts of anti-trade union discrimination, and that it does not indicate whether it has taken steps to adopt such provisions. The Committee therefore once again requests the Government to take the necessary measures without delay to include in the legislation provisions protecting public servants not engaged in the administration of the State against acts of anti-union discrimination and interference, and to establish, for that purpose, expeditious and effective penalties and procedures. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Criteria for determining the representativeness of employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to provide information on the holding of occupational elections and their outcome in order to determine the representativeness of workers’ and employers’ organizations. The Committee notes with interest the Government’s information concerning the holding and results of the occupational elections that took place in 2019 and Order No. 0072/MET/PS/DGT/DT/PDS of the Ministry of Employment, Labour and Social Protection of 19 September 2019 declaring the final results of the occupational elections of 31 July 2019. The Committee trusts that the holding of these elections and the resulting determination of the representativeness of professional organizations will contribute to the increased use of collective bargaining mechanisms in the country. In this regard, the Committee requests the Government to provide information on the number of collective agreements signed and in force in the country, the sectors concerned and the workers covered. It also requests the Government to provide information on any other measures adopted or envisaged to promote collective bargaining.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee, after having noted with satisfaction the conclusion, between 2012 and 2014, of four major collective agreements concerning both the public and private sectors, invited the Government to ensure that the legislation in force is aligned with the practice concerning the recognition and exercise of the right to collective bargaining in the public sector, and to continue providing information on the number of collective agreements concluded in the public sector. The Committee notes that the Government confines itself to indicating that freedom of association is a constitutional right in Niger, the exercise of which is not subject to any restrictions, but does not provide any new information in response to the Committee’s specific requests. The Committee therefore once again requests the Government to take all the necessary measures to ensure that the legislation in force is aligned with the practice and guarantees the right to collective bargaining of public servants not engaged in the administration of the State who are governed by a specific legislative or regulatory status, and accordingly excluded from the application of section 252 of the Labour Code.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1, 2, 3 and 6 of the Convention. Adequate protection against acts of anti-union discrimination and interference. Public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to take the necessary measures for the adoption of specific legislative measures providing adequate protection for public servants not engaged in the administration of the State against acts of anti-union discrimination and interference and, for that purpose, establishing expeditious and effective penalties and procedures. The Committee notes that the Government confines itself to indicating that freedom of association and the right to collective bargaining are recognized by article 9 of the Constitution of 10 November 2010 and that several categories of personnel who are not governed by either the provisions of the Labour Code or of the General Public Service Regulations have established trade unions. The Committee therefore once again requests the Government to take the necessary measures without delay to include in the legislation provisions protecting public servants not engaged in the administration of the State against acts of anti-union discrimination and interference and to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. The Committee takes due note of the Government’s indications in reply to its previous comments concerning the conditions for the deposit, publication and translation of collective agreements established by sections 52–54 of the Regulations of the Labour Code. The Committee also notes the Government’s indication that it is the organizations of employers and workers which appoint their representatives to the bargaining commissions referred to in section 242 of the Labour Code.

Criteria for the representativity of employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to provide information on the holding and outcome of occupational elections with a view to determining the representativity of workers’ and employers’ organizations. The Committee notes that the Government refers to a document prepared by the National Occupational Election Commission (CONEP), entitled Origins of occupational elections in Niger, of which it has not however provided a copy. Recalling that the procedures for determining the representativity of workers’ and employers’ organizations must be based on objective, precise and pre-established criteria and implemented by an independent body which has the confidence of the parties, the Committee once again requests the Government to provide information on the organization and holding of occupational elections and their results.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, after noting with satisfaction the conclusion between 2012 and 2014 of four major collective agreements concerning workers in both the public and private sectors, the Committee invited the Government to ensure that the legislation in force is aligned with the practice relating to the recognition and exercise of the right to collective bargaining in the public sector and to continue providing information on the number of collective agreements signed, the sectors concerned and the workers covered. In the absence of further information from the Government on these two issues, and recalling that it is not aware of precise legislative provisions guaranteeing the right to collective bargaining of public servants not engaged in the administration of the State who are governed by a specific legislative or regulatory status, and accordingly excluded from the application of section 252 of the Labour Code, the Committee reiterates the requests referred to above.

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

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and acts of interference against public servants not engaged in the administration of the State. The Committee previously noted that neither the General Public Service Regulations nor Decree No. 2008-244/PRN/MFP/T of 31 July 2008, implementing those Regulations, contains any provisions which explicitly prohibit acts of anti-union discrimination or interference or which ensure adequate protection for workers’ organizations against acts of anti-union discrimination or interference by means of prompt and effective penalties and procedures. The Committee requested the Government to indicate whether any regulations are in force which ensure such protection for public servants not engaged in the administration of the State. While noting the Government’s comments on administrative and judicial remedies available to public servants who consider that their rights have been infringed, the Committee insists on the need to adopt specific legislative provisions prohibiting acts of anti-union discrimination or interference and setting out prompt and effective penalties. The Committee requests the Government to take the necessary measures to that effect and to provide information on all developments in this regard.

Article 4. Promotion of collective bargaining. The Committee notes the Government’s indication that new Act No. 2012-045 of 25 September 2012 issuing the Labour Code of the Republic of Niger has been adopted. The Committee notes that, in accordance with section 238 of the Labour Code, the Council of Ministers, further to the opinion of the Advisory Committee on Work and Employment, determines the conditions for submission, publication and translation of collective agreements. The Committee requests the Government to indicate whether measures have been taken in this regard.

The Committee also notes that, under section 242 of the Labour Code, at the request of one of the workers’ or employers’ organizations concerned and considered the most representative, or at its own initiative, the Minister responsible for labour shall convene the meeting of a joint committee with a view to concluding a collective labour agreement to regulate the relationships between employers and workers from one or several branches of economic activity at the national, regional and local levels. The section also stipulates that the composition of this Committee, which is chaired by the Minister and includes an equal number of representatives from the most representative workers’ and employers’ trade union organizations, is determined by order of the Minister responsible for labour. The Committee recalls that, as Article 4 of the Convention aims at the promotion of free and voluntary collective bargaining, workers’ and employers’ organizations must be able to freely designate their representatives for that purpose. In that connection, the Committee requests the Government to specify the terms for appointing representatives of workers’ and employers’ organizations to the negotiating committees indicated in section 242 of the Labour Code.

Criteria for representativeness. The Committee notes that, pursuant to section 229 of the Labour Code, the trade unions or professional groups of workers recognized as the most representative may engage in collective bargaining. The Committee also notes that, under section 185 of the Labour Code, the representative nature of workers’ and employers’ trade union organizations is determined by the results of professional elections, that the classification resulting from these elections is announced by order of the Minister responsible for labour, which determines the arrangements for these elections, following consultation with the workers’ and employers’ trade union organizations, and that, to determine the representativeness of enterprise trade unions, the results of elections for staff delegates are taken into account. The Committee notes the Government’s indication that, in order to determine the most representative workers’ and employers’ organizations, the Government is committed to the professional election process and that several decisions have been taken in this regard, leading, inter alia, to the establishment of the National Professional Election Committee (CONEP). The Committee welcomes these initiatives. Recalling that the procedures for determining the representativeness of workers’ and employers’ organizations must be undertaken according to precise, objective and pre-established criteria and implemented by an independent body which has the confidence of the parties, the Committee requests the Government to provide information on the unfolding of the professional elections and their outcome regarding the determination of representative workers’ and employers’ organizations.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to take steps to guarantee the right to collective bargaining to public servants not engaged in the administration of the State and to provide information on any measures taken towards this end. In this regard, the Committee notes with satisfaction the information provided by the Government concerning the conclusion, between 2012 and 2014, of four major collective agreements concerning workers from both the public and private sectors, the content of which is described in the Committee’s comments relating to the Collective Bargaining Convention, 1981 (No. 154). In this regard, the Committee recalls that it is not aware of any specific legal provisions guaranteeing the right to collective bargaining to public servants not engaged in the administration of the State that are subject to special legislation or regulations and are, therefore, exempt from the application of section 252 of the Labour Code. The Committee, therefore, invites the Government to ensure that the legislation in force regarding the recognition and exercise of the right to collective bargaining in the public sector is aligned with the practice and to continue providing information on the number of collective agreements signed, the sectors concerned and the workers covered.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Articles 1, 2, 4 and 6 of the Convention. Scope of application. Public servants. The Committee noted that magistrates, lecturers and researchers in universities and similar institutions, staff of administrations, services and public establishments of the State that are industrial or commercial in nature, staff of the customs, water and forestry services, and staff of the National Academy of Administration and Magistracy, territorial communities and the parliamentary administration are excluded from the scope of Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations (section 41), as amended by Act No. 2008-47 of 24 November 2008. The Committee requests the Government to indicate the legislative provisions which guarantee the application of the provisions of the Convention to these categories of public servants.

Articles 2 and 3. Protection against acts of anti-union discrimination and acts of interference against public servants. The Committee noted that section 14 of the General Public Service Regulations provides that public service employees enjoy the rights and freedoms recognized by the Constitution and that they may establish and join professional trade unions and hold office therein under the conditions laid down by the regulations in force. The Committee noted that neither the General Public Service Regulations nor Decree No. 2008 244/PRN/MFP/T of 31 July 2008, implementing Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations, contains any provisions which explicitly prohibit acts of anti-union discrimination or interference or which ensure adequate protection for workers’ organizations against acts of anti-union discrimination or interference by means of prompt and effective penalties and procedures. The Committee requests the Government to indicate whether any regulations are in force which ensure such protection for public servants.

Article 6. Collective bargaining right for public servants. The Committee noted that section 33 of the General Public Service Regulations provides for the existence of a public service advisory council which has competence for examining all general issues relating to the public service. The Committee further noted that, under section 329 of Decree No. 2008-244/PRN/MFP/T of 31 July 2008 implementing the Act issuing the General Public Service Regulations, pending the appointment of the most representative professional organizations of established and contractual public servants, the staff representatives within the public service advisory council, the boards for the promotion and establishment of officials and the disciplinary council are appointed by the minister responsible for the public service in accordance with the relevant provisions relating to branch, category and/or grade. The Committee considers that the determination of the most representative organizations for the purposes of consultation must be undertaken according to precise and objective criteria pre-established in the legislation since such an appraisal should not be left to the discretion of governments so as to avoid any possibility of bias or abuse. The Committee requests the Government to take the necessary measures as soon as possible, by legislative or other means, to ensure that the determination of the representativeness of public service trade unions for consultation purposes is undertaken according to criteria which are in conformity with the principles of freedom of association.

The Committee recalls however that all public servants not engaged in the administration of the State should not only be consulted in the context of joint committees but also enjoy the right to collective bargaining with respect to their conditions of employment. The Committee requests the Government to take steps to guarantee the right to collective bargaining to these public servants and to provide information on any measures taken towards this end.

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

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

Articles 1, 2, 4 and 6 of the Convention. Scope of application. Public servants. The Committee notes that magistrates, lecturers and researchers in universities and similar institutions, staff of administrations, services and public establishments of the State that are industrial or commercial in nature, staff of the customs, water and forestry services, and staff of the National Academy of Administration and Magistracy, territorial communities and the parliamentary administration are excluded from the scope of Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations (section 41), as amended by Act No. 2008-47 of 24 November 2008. The Committee requests the Government to indicate the legislative provisions which guarantee the application of the provisions of the Convention to these categories of public servants.

Articles 2 and 3. Protection against acts of anti-union discrimination and acts of interference against public servants. The Committee notes that section 14 of the General Public Service Regulations provides that public service employees enjoy the rights and freedoms recognized by the Constitution and that they may establish and join professional trade unions and hold office therein under the conditions laid down by the regulations in force. The Committee notes that neither the General Public Service Regulations nor Decree No. 2008 244/PRN/MFP/T of 31 July 2008, implementing Act No. 2007-26 of 23 July 2007 issuing the General Public Service Regulations, contains any provisions which explicitly prohibit acts of anti-union discrimination or interference or which ensure adequate protection for workers’ organizations against acts of anti-union discrimination or interference by means of prompt and effective penalties and procedures. The Committee requests the Government to indicate whether any regulations are in force which ensure such protection for public servants.

Article 6. Collective bargaining right for public servants. The Committee notes that section 33 of the General Public Service Regulations provides for the existence of a public service advisory council which has competence for examining all general issues relating to the public service. The Committee further notes that, under section 329 of Decree No. 2008-244/PRN/MFP/T of 31 July 2008 implementing the Act issuing the General Public Service Regulations, pending the appointment of the most representative professional organizations of established and contractual public servants, the staff representatives within the public service advisory council, the boards for the promotion and establishment of officials and the disciplinary council are appointed by the minister responsible for the public service in accordance with the relevant provisions relating to branch, category and/or grade. The Committee considers that the determination of the most representative organizations for the purposes of consultation must be undertaken according to precise and objective criteria pre-established in the legislation since such an appraisal should not be left to the discretion of governments so as to avoid any possibility of bias or abuse. The Committee requests the Government to take the necessary measures as soon as possible, by legislative or other means, to ensure that the determination of the representativeness of public service trade unions for consultation purposes is undertaken according to criteria which are in conformity with the principles of freedom of association.

However, the Committee recalls that all public servants not engaged in the administration of the State should not only be consulted in the context of joint committees but also enjoy the right to collective bargaining with respect to their conditions of employment. The Committee requests the Government to take steps to guarantee the right to collective bargaining to these public servants and to provide information on any measures taken towards this end.

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

The Committee notes that the Government’s report does not contain the information requested. 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 once again requests the Government to provide the texts of Act No. 2007-26 of 23 July 2007 issuing the general conditions of service of the public service and Decree No. 2008-244PRN/MFPT/T of 31 July 2008 implementing the Act on the public service to which it refers in its report as having been attached.

 

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

The Committee once again requests the Government to provide the texts of Act No. 2007-26 of 23 July 2007 issuing the general conditions of service of the public service and Decree No. 2008-244PRN/MFPT/T of 31 July 2008 implementing the Act on the public service to which it refers in its report as having been attached.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 4 of the Convention. Right to collective bargaining. The Committee recalls that its previous comments concerned section 175, second paragraph, of the Labour Code, which prohibits employers from deducting trade union dues from the wages of their employees and from paying the dues in their stead. The Committee noted that, according to the Government, the objective of this provision, as specified in the first paragraph, is to prevent heads of enterprises or their representatives from exerting any pressure either in favour of or against any trade union. The Committee recalls that the purpose of Article 4 of the Convention is to encourage and promote the development and utilization of machinery for the voluntary negotiation of collective agreements. It is of the view that the deduction of trade union dues from the wages of workers is a matter which should be dealt with through collective bargaining. The Committee therefore once again requests the Government to take the necessary measures to amend section 175, second paragraph, of the Labour Code so as to allow the parties to collective bargaining to determine, if they so wish, the arrangements for the deduction of trade union dues. The Government is requested to indicate in its next report any progress achieved in this respect. The Committee will henceforth examine this issue in the context of the application by Niger of the Workers’ Representatives Convention, 1971 (No. 135).

The Committee also notes the reference by the Government in its report to Act No. 2007-26 of 23 July 2007 issuing the general conditions of service of the State public service and Decree No. 2008-244PRN/MFPT/T of 31 July 2008 implementing the Act on the public service. The Committee requests the Government to provide copies of these texts with its next report.

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

The Committee takes note of the Government’s report.

1. Scope of the Convention. The Committee requested the Government to indicate whether the definition of “worker” in section 2 of the Labour Code as “anyone who has undertaken to carry out his/her occupational activity, in exchange for remuneration, under the direction and authority of some other natural or legal person, whether public of private”, excludes self-employed workers from the scope of the Code thus excluding most workers in Niger, who work in the informal economy, from the provisions on freedom of association and collective bargaining in particular. The Committee notes that, according to the Government, since section 173 of the Labour Code provides that “persons carrying on the same occupation, similar trades or related occupations to produce specific products, or members of the same profession, may freely establish an occupational organization”, all workers and employers are free to join organizations of their choosing.

2. Article 4 of the Convention. Right to collective bargaining. With regard to the second paragraph of section 175 which forbids employers from deducting trade union dues from the wages of their employees and from paying the dues in their stead, the Committee notes the Government’s statement that the first paragraph of the same section provides that heads of enterprises or their representatives shall not exert any pressure either in favour of or against any trade union organization. The Committee again points out that the second paragraph of section 175 restricts the right to collective bargaining and accordingly asks the Government to take steps to amend it to allow the parties themselves to determine, by agreement, how trade union dues are collected.

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

The Committee notes the Government’s report.

Article 4 of the Convention. 1. In its last observation, the Committee asked the Government to respond to comments sent by the International Confederation of Free Trade Unions (ICFTU) on 23 September 2003. The ICFTU observed, inter alia, that the labour legislation applies to very few workers because 95 per cent of workers are in the informal rural and urban informal economy, where the Government does not enforce workers’ rights. The Committee notes the Government’s reply that, although most workers work in subsistence agriculture and the informal economy, the Labour Code establishes and protects the right to organize of all workers. The Committee points out, however, that section 2 of the Labour Code defines a worker as "anyone who has undertaken to carry out his/her occupational activity, in exchange for remuneration, under the direction and authority of some other natural or legal person, whether public or private". The Committee requests the Government to indicate whether this definition excludes self-employed workers from the scope of the Labour Code, thus excluding a large proportion of workers in the informal sector of the economy from the provisions on freedom of association and collective bargaining in particular.

2. The Committee also notes the Government’s statement that it is forbidden for employers to deduct trade union dues from the wages of their employees. The Committee is of the view that this amounts to a restriction of the right to collective bargaining and accordingly asks the Government to envisage the possibility of ensuring that the parties themselves may determine, by agreement, how trade union dues are collected.

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

The Committee notes with regret that the Government’s report has not been received.

In its last observation, the Committee had noted the comments on the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU). In those comments, the ICFTU indicates that, despite the fact that freedom of association is recognized by law in Niger, there are legal restrictions to this freedom in the private and public sectors. The ICFTU also indicates that 95 per cent of the workers are employed in the rural or the urban informal economies and are not unionized and refers to threats of dismissals against workers for trade union activities.

The Committee recalls that Article 4 of the Convention provides that measures appropriate to the national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers’ organizations and workers’ organizations. It also recalls that the protection afforded to workers and trade union officials against acts of anti-union discrimination constitutes an essential aspect of freedom of association (see General Survey on freedom of association and collective bargaining, 1994, paragraph 202). In this respect, the Committee requests the Government to send its observation on the comments made by the ICFTU and hopes that the Government will make every effort to submit its report in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the comments on the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) on 23 September 2003 and requests the Government to send its observations thereon.

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

The Committee notes the information supplied by the Government in its report. It notes that sections 208 to L.421.8 of Ordinance No. 96-039 of 29 June 1996 issuing the Labour Code of the Republic of Niger have not been sent. It therefore asks the Government to provide a copy of these provisions as soon as possible so that the Committee may assess whether they are compatible with the principles of freedom of association and collective bargaining.

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

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:

The Committee notes Decree No. 86-154/PCMS/MTEP/SEM of 23 October 1986 containing the general conditions of service of employees in public industrial and commercial establishments, state enterprises and mixed-economy enterprises, and of the Decrees of 11 September 1986 approving the model conditions of service of public industrial and commercial establishments (Decree No. 86-0121/PCMS/MTEP/SEM), state enterprises (Decree No. 86-122/PCMS/MTEP/SEM) and mixed-economy enterprises (Decree No. 86-123/PCMS/SEM).

The Committee notes that under the terms of the Decrees of 11 September 1986, the board of directors of the establishments concerned is given broad powers regarding the remuneration of the staff in the establishments and that, under the terms of sections 7, 10 and 11 of Decree No. 86-154, the wage scale, allowances and bonuses can only be applied after approval by the competent minister.

The Committee notes that the staff of the establishments concerned enjoy the right to organise, in accordance with the provisions of the Labour Code under section 2 of Decree No. 86-154.

In these circumstances, the Committee requests the Government to supply information on the role played by the trade union organisations covering the workers in the above establishments in the process of determining wages and conditions of employment.

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

The Committee notes the Government's report. It also notes Decree No. 86-154/PCMS/MTEP/SEM of 23 October 1986 containing the general conditions of service of employees in public industrial and commercial establishments, state enterprises and mixed-economy enterprises, and of the Decrees of 11 September 1986 approving the model conditions of service of public industrial and commercial establishments (Decree No. 86-0121/PCMS/MTEP/SEM), state enterprises (Decree No. 86-122/PCMS/MTEP/SEM) and mixed-economy enterprises (Decree No. 86-123/PCMS/SEM).

The Committee notes that under the terms of the Decrees of 11 September 1986, the board of directors of the establishments concerned is given broad powers regarding the remuneration of the staff in the establishments and that, under the terms of sections 7, 10 and 11 of Decree No. 86-154, the wage scale, allowances and bonuses can only be applied after approval by the competent minister.

The Committee notes that the staff of the establishments concerned enjoy the right to organise, in accordance with the provisions of the Labour Code under section 2 of Decree No. 86-154.

In these circumstances, the Committee requests the Government to supply information on the role played by the trade union organisations covering the workers in the above establishments in the process of determining wages and conditions of employment.