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Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee noted that; (i) the Labour Act prohibits anti-union discrimination, provides for reinstatement in the event of unfair dismissal; (ii) section 127 of the Labour Act provides for the issuance of regulations establishing penalties that may be imposed by the Labour Court; and (iii) the Labour Act provides for the establishment of a labour inspectorate, labour commissioner, labour advisory council, commission for conciliation, mediation and arbitration and a labour court. The Committee had requested the Government to inform about the development of the referred regulations and about how complaints on anti-union discrimination were being dealt with in practice. The Committee notes the Government’s indication that the regulations provided for in the Workers Trade Unions Act 2013 (WTUA) and the Labour Act are being gradually implemented and that it has no information on cases of anti-union discrimination that may have been brought before the competent authorities. In the light of the foregoing, the Committee requests the Government to: (i) take the necessary measures to adopt the regulations provided for in Article 27 of the Labour Act; (ii) inform about the creation and functioning of the Labour Inspectorate and Labour Court; (iii) carry out programmes to inform workers of their trade union rights; and (iv) provide any available information on anti-union discrimination complaints that may have been lodged and on how they have been dealt with by the competent authorities.

Article 2. Protection against acts interference. In its previous comment, the Committee noted that while section 28(2)(b) of the WTUA restricts employers’ intervention in trade union affairs and the Labour Act provide for the right to establish and join trade unions or employers’ organizations, it does not contain provisions affording adequate protection against acts of interference by workers’ and employers’ organizations against each other or each other’s agents or members in their establishment, functioning or administration. The Committee understands from the Government’s report that no action has been taken to review the legislation in this respect. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits intervention by both workers’ and employers’ organizations against each other and provide for dissuasive sanctions in this respect.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to ensure that (i) the determination of the most representative union for the purpose of collective bargaining is carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties; and (ii) the right to collective bargaining can still be exercised by the existing workers’ organizations in the absence of a majority union. The Committee notes that the Government indicates that tripartite bodies such as the Labour Advisory Council must develop the necessary mechanisms to promote collective bargaining and that technical assistance from the Office is needed in this respect. On the basis of the above, the Committee encourages the Government to enter into dialogue with the social partners to supplement the existing provisions of the Labour Act on collective bargaining and to take, in this respect full account of the two principles mentioned above.

Articles 4 and 6. Collective bargaining for civil servants not engaged in the administration of the State. The Committee had requested the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State. Noting the absence of information in this regard, the Committee is bound to reiterate its request.

Collective bargaining in practice. The Committee notes the Government’s indication that tripartite dialogue is enhancing collective bargaining in the country, and although specific data on sectors and worker coverage is currently unavailable, the Ministry of Labour’s upcoming Labour Market Information System will provide detailed statistics on existing collective agreements. While taking note of this information, the Committee trusts that the Government will provide such information in the near future. In addition, the Committee invites the Government to take measures to promote collective bargaining in the different sectors of the economy, including in the oil sector and the informal economy and to provide information in this respect.

Noting the significant regulatory, institutional and practical measures that need to be taken to give effect to the provisions of the Labour Act related to the Convention, the Committee takes due note of the intention expressed by the Government to avail itself of the technical assistance of the Office. It hopes that the Government will be able to provide soon information on the progress made in the application of the Convention.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
In its previous comment, the Committee took note of the adoption of the Workers Trade Unions Act 2013 (WTUA) and of the elaboration of the Labour Bill 2012 (LB). The Committee requested the Government to provide further details on certain aspects of the WTUA and to provide information on the status of the LB and on the participation of the social partners in its elaboration. In its report, the Government indicates that the LB was enacted into law on 12 December 2017 and that all social partners were involved in its elaboration. The Committee further notes the Government’s indication that the Labour Act, a copy of which has been provided by the Government, contains specific provisions to protect workers against acts of anti-union discrimination.
Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously noted that: (i) section 28(1) of the WTUA prohibits dismissal, downgrading, compulsory retirement and any other action prejudicial to the worker for reasons related to activity in a union or federation; (ii) section 27(1) prohibits transfer of any employee who stands for election to a union committee; and (iii) section 27(2) prohibits imposition of sanctions on members of a union’s or a federation’s committee for reasons related to committee membership. The Committee notes that section 6 of the Labour Act prohibits direct or indirect discrimination against a worker or job applicant on the basis of trade union membership or participation in trade union activities, and that section 73(2) explicitly prohibits anti-union dismissals. The Committee also takes note of the Government’s indication that in the few incidents of anti-union discrimination that have occurred, the Government has mediated between workers and employers to mitigate the disputes.While taking note of this information, the Committee requests the Government to provide information on the number of complaints filed with the competent authorities in this field, the outcome of the investigations and court proceedings as well as their average duration, in both the public and private sectors.
Article 2. Protection against acts of interference. The Committee had previously observed that, while section 28(2)(b) of the WTUA restricts employers’ intervention in trade union affairs, it does not proscribe intervention of trade unions in employers’ organizations. The Committee also noted the Government’s indication that employers’ and workers’ organizations enjoy the right to freely organize themselves without the Government’s interference in line with article 25(1) of the Transitional Constitution, and that this protection was going to be spelled out in the Labour Act and its regulations. The Committee observes, however, that while the Transitional Constitution (article 25(1)) and the Labour Act (article 9) provide for the right to establish and join trade unions or employers’ organizations, neither of them contain provisions affording adequate protection against acts of interference by each other or each other’s agents or members in the establishment, functioning or administration.The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits intervention by workers’ and employers’ organizations against each other. It also requests the Government to provide information on the number of complaints filed with the competent authorities in this field, the outcome of investigations and court proceedings and their average duration, in both the public and private sectors.
Article 3. Machinery to ensure effective protection. The Committee had previously noted that the WTUA does not provide for an appeal procedure and sanctions against acts of anti-union discrimination and interference. The Committee notes that the Labour Act provides for the establishment of a labour inspectorate, labour commissioner, labour advisory council, commission for conciliation, mediation and arbitration and a labour court (sections 16–34). The Labour Act further specifies that anti-union discrimination and anti-union dismissals constitute an offence (sections 6(6) and 73(2)) and that reinstatement and compensation can be ordered for unfair dismissal (section 85(1)). The Committee also notes that section 127 of the Labour Act provides for the issuance of regulations establishing penalties that may be imposed by the Labour Court upon finding of an offence under the Labour Act (these include, among others, imprisonment of up to five years and fines commensurate with the offence).The Committee requests the Government to indicate whether the said regulations have been issued and, if so, to provide a copy. Recalling that, under the Convention, all acts of anti-union discrimination and interference should be adequately prevented through the imposition of dissuasive sanctions and adequate compensation, the Committee requests the Government to provide detailed information as to the sanctions and compensations effectively imposed to acts of anti-union discrimination and interference.
Article 4. Promotion of collective bargaining. The Committee had previously noted that the LB contained provisions on collective bargaining. The Committee notes that the Labour Act provides for rules on the initiation of collective bargaining, obligation to negotiate in good faith, content of collective agreements, their registration and legal effect, as well as disputes in this regard (sections 88–95). It further notes that section 87 establishes a system under which a trade union that represents the majority of the workers in a bargaining unit is entitled to recognition as the exclusive bargaining agent, which is to be determined by the employer or, under certain circumstances, by the Commission for Conciliation, Mediation and Arbitration. With a view to effectively promoting the exercise of collective bargaining, the Committee emphasizes the importance of ensuring that: (i) the determination of representativeness is carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties; and (ii) the right to collective bargaining can still be exercised by the existing workers’ organizations in the absence of a majority union.The Committee therefore requests the Government to provide further details on: (i) the criteria and procedure to determine the exclusive bargaining agent; (ii) the right of other organizations to demand a new election after a reasonable period; (iii) the possibility of creating groups of trade unions for bargaining purposes; and (iv) collective bargaining rights of minority unions where no union meets the requirements to become the exclusive bargaining agent.
Article 6. Civil servants not engaged in the administration of the State. The Committee had previously noted that section 6 of the WTUA exempts from its scope of application the following categories of workers: any disciplined force including the army, police, prison service, fire service and wildlife forces; national security forces; constitutional post holders; judges and justices; public attorney and legal advisers and senior members of the diplomatic service. The Committee notes that section 4(2) of the Labour Act also exempts from its scope of application the army; organized forces; national security service; judges; government legal counsels; diplomatic service and constitutional post holders. The Committee recalls that while members of the armed forces, the police and civil servants engaged in the administration of the State can be excluded from the application of the Convention, all other categories of workers, including prison, fire and wildlife services, as well as civilian personnel in the armed forces, should benefit from the rights granted by it.The Committee requests the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State.
Application of the Convention in practice.The Committee once again invites the Government to provide information on the measures taken to promote collective bargaining and on the number of collective agreements concluded, specifying the sectors and the number of workers covered.

The Committee notes with concern 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

In its previous comment, the Committee took note of the adoption of the Workers Trade Unions Act 2013 (WTUA) and of the elaboration of the Labour Bill 2012 (LB). The Committee requested the Government to provide further details on certain aspects of the WTUA and to provide information on the status of the LB and on the participation of the social partners in its elaboration.

In its report, the Government indicates that the LB was enacted into law on 12 December 2017 and that all social partners were involved in its elaboration. The Committee further notes the Government’s indication that the Labour Act, a copy of which has been provided by the Government, contains specific provisions to protect workers against acts of anti-union discrimination.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously noted that: (i) section 28(1) of the WTUA prohibits dismissal, downgrading, compulsory retirement and any other action prejudicial to the worker for reasons related to activity in a union or federation; (ii) section 27(1) prohibits transfer of any employee who stands for election to a union committee; and (iii) section 27(2) prohibits imposition of sanctions on members of a union’s or a federation’s committee for reasons related to committee membership. The Committee notes that section 6 of the Labour Act prohibits direct or indirect discrimination against a worker or job applicant on the basis of trade union membership or participation in trade union activities, and that section 73(2) explicitly prohibits anti-union dismissals. The Committee also takes note of the Government’s indication that in the few incidents of anti-union discrimination that have occurred, the Government has mediated between workers and employers to mitigate the disputes. While taking note of this information, the Committee requests the Government to provide information on the number of complaints filed with the competent authorities in this field, the outcome of the investigations and court proceedings as well as their average duration, in both the public and private sectors.

Article 2. Protection against acts of interference. The Committee had previously observed that, while section 28(2)(b) of the WTUA restricts employers’ intervention in trade union affairs, it does not proscribe intervention of trade unions in employers’ organizations. The Committee also noted the Government’s indication that employers’ and workers’ organizations enjoy the right to freely organize themselves without the Government’s interference in line with article 25(1) of the Transitional Constitution, and that this protection was going to be spelled out in the Labour Act and its regulations. The Committee observes, however, that while the Transitional Constitution (article 25(1)) and the Labour Act (article 9) provide for the right to establish and join trade unions or employers’ organizations, neither of them contain provisions affording adequate protection against acts of interference by each other or each other’s agents or members in the establishment, functioning or administration. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits intervention by workers’ and employers’ organizations against each other. It also requests the Government to provide information on the number of complaints filed with the competent authorities in this field, the outcome of investigations and court proceedings and their average duration, in both the public and private sectors.

Article 3. Machinery to ensure effective protection. The Committee had previously noted that the WTUA does not provide for an appeal procedure and sanctions against acts of anti-union discrimination and interference. The Committee notes that the Labour Act provides for the establishment of a labour inspectorate, labour commissioner, labour advisory council, commission for conciliation, mediation and arbitration and a labour court (sections 16–34). The Labour Act further specifies that anti-union discrimination and anti-union dismissals constitute an offence (sections 6(6) and 73(2)) and that reinstatement and compensation can be ordered for unfair dismissal (section 85(1)). The Committee also notes that section 127 of the Labour Act provides for the issuance of regulations establishing penalties that may be imposed by the Labour Court upon finding of an offence under the Labour Act (these include, among others, imprisonment of up to five years and fines commensurate with the offence). The Committee requests the Government to indicate whether the said regulations have been issued and, if so, to provide a copy. Recalling that, under the Convention, all acts of anti-union discrimination and interference should be adequately prevented through the imposition of dissuasive sanctions and adequate compensation, the Committee requests the Government to provide detailed information as to the sanctions and compensations effectively imposed to acts of anti-union discrimination and interference.

Article 4. Promotion of collective bargaining. The Committee had previously noted that the LB contained provisions on collective bargaining. The Committee notes that the Labour Act provides for rules on the initiation of collective bargaining, obligation to negotiate in good faith, content of collective agreements, their registration and legal effect, as well as disputes in this regard (sections 88–95). It further notes that section 87 establishes a system under which a trade union that represents the majority of the workers in a bargaining unit is entitled to recognition as the exclusive bargaining agent, which is to be determined by the employer or, under certain circumstances, by the Commission for Conciliation, Mediation and Arbitration. With a view to effectively promoting the exercise of collective bargaining, the Committee emphasizes the importance of ensuring that: (i) the determination of representativeness is carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties; and (ii) the right to collective bargaining can still be exercised by the existing workers’ organizations in the absence of a majority union. The Committee therefore requests the Government to provide further details on: (i) the criteria and procedure to determine the exclusive bargaining agent; (ii) the right of other organizations to demand a new election after a reasonable period; (iii) the possibility of creating groups of trade unions for bargaining purposes; and (iv) collective bargaining rights of minority unions where no union meets the requirements to become the exclusive bargaining agent.

Article 6. Civil servants not engaged in the administration of the State. The Committee had previously noted that section 6 of the WTUA exempts from its scope of application the following categories of workers: any disciplined force including the army, police, prison service, fire service and wildlife forces; national security forces; constitutional post holders; judges and justices; public attorney and legal advisers and senior members of the diplomatic service. The Committee notes that section 4(2) of the Labour Act also exempts from its scope of application the army; organized forces; national security service; judges; government legal counsels; diplomatic service and constitutional post holders. The Committee recalls that while members of the armed forces, the police and civil servants engaged in the administration of the State can be excluded from the application of the Convention, all other categories of workers, including prison, fire and wildlife services, as well as civilian personnel in the armed forces, should benefit from the rights granted by it. The Committee requests the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State.

Application of the Convention in practice. The Committee once again invites the Government to provide information on the measures taken to promote collective bargaining and on the number of collective agreements concluded, specifying the sectors and the number of workers covered.

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

In its previous comment, the Committee took note of the adoption of the Workers Trade Unions Act 2013 (WTUA) and of the elaboration of the Labour Bill 2012 (LB). The Committee requested the Government to provide further details on certain aspects of the WTUA and to provide information on the status of the LB and on the participation of the social partners in its elaboration.

In its report, the Government indicates that the LB was enacted into law on 12 December 2017 and that all social partners were involved in its elaboration. The Committee further notes the Government’s indication that the Labour Act, a copy of which has been provided by the Government, contains specific provisions to protect workers against acts of anti-union discrimination.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously noted that: (i) section 28(1) of the WTUA prohibits dismissal, downgrading, compulsory retirement and any other action prejudicial to the worker for reasons related to activity in a union or federation; (ii) section 27(1) prohibits transfer of any employee who stands for election to a union committee; and (iii) section 27(2) prohibits imposition of sanctions on members of a union’s or a federation’s committee for reasons related to committee membership. The Committee notes that section 6 of the Labour Act prohibits direct or indirect discrimination against a worker or job applicant on the basis of trade union membership or participation in trade union activities, and that section 73(2) explicitly prohibits anti-union dismissals. The Committee also takes note of the Government’s indication that in the few incidents of anti-union discrimination that have occurred, the Government has mediated between workers and employers to mitigate the disputes. While taking note of this information, the Committee requests the Government to provide information on the number of complaints filed with the competent authorities in this field, the outcome of the investigations and court proceedings as well as their average duration, in both the public and private sectors.

Article 2. Protection against acts of interference. The Committee had previously observed that, while section 28(2)(b) of the WTUA restricts employers’ intervention in trade union affairs, it does not proscribe intervention of trade unions in employers’ organizations. The Committee also noted the Government’s indication that employers’ and workers’ organizations enjoy the right to freely organize themselves without the Government’s interference in line with article 25(1) of the Transitional Constitution, and that this protection was going to be spelled out in the Labour Act and its regulations. The Committee observes, however, that while the Transitional Constitution (article 25(1)) and the Labour Act (article 9) provide for the right to establish and join trade unions or employers’ organizations, neither of them contain provisions affording adequate protection against acts of interference by each other or each other’s agents or members in the establishment, functioning or administration. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits intervention by workers’ and employers’ organizations against each other. It also requests the Government to provide information on the number of complaints filed with the competent authorities in this field, the outcome of investigations and court proceedings and their average duration, in both the public and private sectors.

Article 3. Machinery to ensure effective protection. The Committee had previously noted that the WTUA does not provide for an appeal procedure and sanctions against acts of anti-union discrimination and interference. The Committee notes that the Labour Act provides for the establishment of a labour inspectorate, labour commissioner, labour advisory council, commission for conciliation, mediation and arbitration and a labour court (sections 16–34). The Labour Act further specifies that anti-union discrimination and anti-union dismissals constitute an offence (sections 6(6) and 73(2)) and that reinstatement and compensation can be ordered for unfair dismissal (section 85(1)). The Committee also notes that section 127 of the Labour Act provides for the issuance of regulations establishing penalties that may be imposed by the Labour Court upon finding of an offence under the Labour Act (these include, among others, imprisonment of up to five years and fines commensurate with the offence). The Committee requests the Government to indicate whether the said regulations have been issued and, if so, to provide a copy. Recalling that, under the Convention, all acts of anti-union discrimination and interference should be adequately prevented through the imposition of dissuasive sanctions and adequate compensation, the Committee requests the Government to provide detailed information as to the sanctions and compensations effectively imposed to acts of anti-union discrimination and interference.

Article 4. Promotion of collective bargaining. The Committee had previously noted that the LB contained provisions on collective bargaining. The Committee notes that the Labour Act provides for rules on the initiation of collective bargaining, obligation to negotiate in good faith, content of collective agreements, their registration and legal effect, as well as disputes in this regard (sections 88–95). It further notes that section 87 establishes a system under which a trade union that represents the majority of the workers in a bargaining unit is entitled to recognition as the exclusive bargaining agent, which is to be determined by the employer or, under certain circumstances, by the Commission for Conciliation, Mediation and Arbitration. With a view to effectively promoting the exercise of collective bargaining, the Committee emphasizes the importance of ensuring that: (i) the determination of representativeness is carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties; and (ii) the right to collective bargaining can still be exercised by the existing workers’ organizations in the absence of a majority union. The Committee therefore requests the Government to provide further details on: (i) the criteria and procedure to determine the exclusive bargaining agent; (ii) the right of other organizations to demand a new election after a reasonable period; (iii) the possibility of creating groups of trade unions for bargaining purposes; and (iv) collective bargaining rights of minority unions where no union meets the requirements to become the exclusive bargaining agent.

Article 6. Civil servants not engaged in the administration of the State. The Committee had previously noted that section 6 of the WTUA exempts from its scope of application the following categories of workers: any disciplined force including the army, police, prison service, fire service and wildlife forces; national security forces; constitutional post holders; judges and justices; public attorney and legal advisers and senior members of the diplomatic service. The Committee notes that section 4(2) of the Labour Act also exempts from its scope of application the army; organized forces; national security service; judges; government legal counsels; diplomatic service and constitutional post holders. The Committee recalls that while members of the armed forces, the police and civil servants engaged in the administration of the State can be excluded from the application of the Convention, all other categories of workers, including prison, fire and wildlife services, as well as civilian personnel in the armed forces, should benefit from the rights granted by it. The Committee requests the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State.

Application of the Convention in practice. The Committee once again invites the Government to provide information on the measures taken to promote collective bargaining and on the number of collective agreements concluded, specifying the sectors and the number of workers covered.

In its previous comment, the Committee took note of the adoption of the Workers Trade Unions Act 2013 (WTUA) and of the elaboration of the Labour Bill 2012 (LB). The Committee requested the Government to provide further details on certain aspects of the WTUA and to provide information on the status of the LB and on the participation of the social partners in its elaboration.

In its report, the Government indicates that the LB was enacted into law on 12 December 2017 and that all social partners were involved in its elaboration. The Committee further notes the Government’s indication that the Labour Act, a copy of which has been provided by the Government, contains specific provisions to protect workers against acts of anti-union discrimination.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously noted that: (i) section 28(1) of the WTUA prohibits dismissal, downgrading, compulsory retirement and any other action prejudicial to the worker for reasons related to activity in a union or federation; (ii) section 27(1) prohibits transfer of any employee who stands for election to a union committee; and (iii) section 27(2) prohibits imposition of sanctions on members of a union’s or a federation’s committee for reasons related to committee membership. The Committee notes that section 6 of the Labour Act prohibits direct or indirect discrimination against a worker or job applicant on the basis of trade union membership or participation in trade union activities, and that section 73(2) explicitly prohibits anti-union dismissals. The Committee also takes note of the Government’s indication that in the few incidents of anti-union discrimination that have occurred, the Government has mediated between workers and employers to mitigate the disputes. While taking note of this information, the Committee requests the Government to provide information on the number of complaints filed with the competent authorities in this field, the outcome of the investigations and court proceedings as well as their average duration, in both the public and private sectors.

Article 2. Protection against acts of interference. The Committee had previously observed that, while section 28(2)(b) of the WTUA restricts employers’ intervention in trade union affairs, it does not proscribe intervention of trade unions in employers’ organizations. The Committee also noted the Government’s indication that employers’ and workers’ organizations enjoy the right to freely organize themselves without the Government’s interference in line with article 25(1) of the Transitional Constitution, and that this protection was going to be spelled out in the Labour Act and its regulations. The Committee observes, however, that while the Transitional Constitution (article 25(1)) and the Labour Act (article 9) provide for the right to establish and join trade unions or employers’ organizations, neither of them contain provisions affording adequate protection against acts of interference by each other or each other’s agents or members in the establishment, functioning or administration. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits intervention by workers’ and employers’ organizations against each other. It also requests the Government to provide information on the number of complaints filed with the competent authorities in this field, the outcome of investigations and court proceedings and their average duration, in both the public and private sectors.

Article 3. Machinery to ensure effective protection. The Committee had previously noted that the WTUA does not provide for an appeal procedure and sanctions against acts of anti-union discrimination and interference. The Committee notes that the Labour Act provides for the establishment of a labour inspectorate, labour commissioner, labour advisory council, commission for conciliation, mediation and arbitration and a labour court (sections 16–34). The Labour Act further specifies that anti-union discrimination and anti-union dismissals constitute an offence (sections 6(6) and 73(2)) and that reinstatement and compensation can be ordered for unfair dismissal (section 85(1)). The Committee also notes that section 127 of the Labour Act provides for the issuance of regulations establishing penalties that may be imposed by the Labour Court upon finding of an offence under the Labour Act (these include, among others, imprisonment of up to five years and fines commensurate with the offence). The Committee requests the Government to indicate whether the said regulations have been issued and, if so, to provide a copy. Recalling that, under the Convention, all acts of anti-union discrimination and interference should be adequately prevented through the imposition of dissuasive sanctions and adequate compensation, the Committee requests the Government to provide detailed information as to the sanctions and compensations effectively imposed to acts of anti-union discrimination and interference.

Article 4. Promotion of collective bargaining. The Committee had previously noted that the LB contained provisions on collective bargaining. The Committee notes that the Labour Act provides for rules on the initiation of collective bargaining, obligation to negotiate in good faith, content of collective agreements, their registration and legal effect, as well as disputes in this regard (sections 88–95). It further notes that section 87 establishes a system under which a trade union that represents the majority of the workers in a bargaining unit is entitled to recognition as the exclusive bargaining agent, which is to be determined by the employer or, under certain circumstances, by the Commission for Conciliation, Mediation and Arbitration. With a view to effectively promoting the exercise of collective bargaining, the Committee emphasizes the importance of ensuring that: (i) the determination of representativeness is carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties; and (ii) the right to collective bargaining can still be exercised by the existing workers’ organizations in the absence of a majority union. The Committee therefore requests the Government to provide further details on: (i) the criteria and procedure to determine the exclusive bargaining agent; (ii) the right of other organizations to demand a new election after a reasonable period; (iii) the possibility of creating groups of trade unions for bargaining purposes; and (iv) collective bargaining rights of minority unions where no union meets the requirements to become the exclusive bargaining agent.

Article 6. Civil servants not engaged in the administration of the State. The Committee had previously noted that section 6 of the WTUA exempts from its scope of application the following categories of workers: any disciplined force including the army, police, prison service, fire service and wildlife forces; national security forces; constitutional post holders; judges and justices; public attorney and legal advisers and senior members of the diplomatic service. The Committee notes that section 4(2) of the Labour Act also exempts from its scope of application the army; organized forces; national security service; judges; government legal counsels; diplomatic service and constitutional post holders. The Committee recalls that while members of the armed forces, the police and civil servants engaged in the administration of the State can be excluded from the application of the Convention, all other categories of workers, including prison, fire and wildlife services, as well as civilian personnel in the armed forces, should benefit from the rights granted by it. The Committee requests the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State.

Application of the Convention in practice. The Committee once again invites the Government to provide information on the measures taken to promote collective bargaining and on the number of collective agreements concluded, specifying the sectors and the number of workers covered.

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 initially made in 2016.

Repetition

The Committee takes due note of the Government’s first report, of the adoption of the Workers Trade Unions Act, 2013 (WTUA) and of the elaboration of the Labour Bill, 2012 (LB). The Committee invites the Government to provide the latest version of the LB and to inform on the current status of the LB and on the participation of the social partners in its elaboration.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes that: (i) section 28(1) of the WTUA prohibits dismissal, downgrading, compulsory retirement and any other action prejudicial to the worker for reasons related to activity in a union or federation; (ii) section 27(1) prohibits transfer of any employee who stands for election to a union committee; and (iii) section 27(2) prohibits imposition of sanctions on members of a union’s or a federation’s committee for reasons related to committee membership. The Committee further notes that section 6 of the LB prohibits direct or indirect discrimination against a worker or job applicant on the basis of trade union membership or trade union activities, and that section 74(3) explicitly prohibits anti-union dismissals. While observing that the WTUA offers partial protection against acts of anti-union discrimination, the Committee requests the Government to take the necessary measures to ensure that national legislation grants a more comprehensive protection against all acts of anti-union discrimination encompassing job applicants, workers and trade union committee members, on the basis of both trade union membership and legitimate trade union activities in recruitment and during employment.

Article 2. Protection against acts of interference. The Committee notes the Government’s indication that employers’ and workers’ organizations enjoy the right to freely organize themselves without the Government’s interference in line with article 25(1) of the Transitional Constitution, and that this protection will also be spelled out in the LB and its regulations. While observing that section 28(2)(b) of the WTUA restricts employers’ intervention in trade union affairs, the Committee notes that it does not proscribe intervention of trade unions in employer’s organizations, and that the LB does not tackle either of these issues. The Committee requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits intervention by workers’ and employers’ organizations against each other.

Article 3. Machinery to ensure effective protection. The Committee notes that the WTUA does not provide for an appeal procedure and sanctions against acts of anti-union discrimination and interference. The Committee further notes that the LB provides for the establishment of a labour inspectorate, labour commissioner, labour advisory council, commission for conciliation, mediation and arbitration and a labour court (sections 16–38), and specifies that anti-union discrimination and anti-union dismissals constitute an offence (sections 6(8) and 74(5)) and that reinstatement and compensation can be ordered for unfair dismissal (section 84(1)). It also notes that section 132(2) of the LB provides for the issuance of regulations establishing penalties that may be imposed by the Labour Court upon finding of an offence under the LB. The Committee requests the Government to take the necessary measures to ensure that national legislation provides for effective and sufficiently dissuasive sanctions for acts of anti-union discrimination and interference, including for anti-union dismissal, separate from other cases of unfair dismissal. The Committee also invites the Government to provide information on the protection of workers against acts of anti-union discrimination and interference in practice, including the number of complaints filed with the competent authorities, the outcome of investigations and court proceedings and their average duration, in both the public and private sectors.

Article 4. Promotion of collective bargaining. The Committee notes that the LB provides for rules on the initiation of collective bargaining, obligation to negotiate in good faith, content of collective agreements, their registration and legal effect, as well as disputes in this regard (sections 100–107). It further notes that section 98 establishes a system under which a trade union that represents the majority of the workers in a bargaining unit is entitled to recognition as the exclusive bargaining agent, which is to be determined by the employer or, under certain circumstances, by the Commission for Conciliation, Mediation and Arbitration. With a view to effectively promoting the exercise of collective bargaining, the Committee emphasizes the importance of ensuring that: (i) the determination of representativeness is carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties; and (ii) the right to collective bargaining can still be exercised by the existing workers’ organizations in the absence of a majority union. The Committee therefore requests the Government to provide further details on: (i) the criteria and procedure to determine the exclusive bargaining agent; (ii) the right of other organizations to demand a new election after a reasonable period; (iii) the possibility of creating groups of trade unions for bargaining purposes; and (iv) collective bargaining rights of minority unions where no union meets the requirements to become the exclusive bargaining agent.

Article 6. Civil servants not engaged in the administration of the State. The Committee notes that, while section 6 of the WTUA exempts from its scope of application: certain categories of workers (any disciplined force, including the army, police, prison service, fire service and wildlife forces; national security forces; constitutional post holders; judges and justices; public attorney and legal advisors and senior members of the diplomatic service), the LB is applicable to all employees and workers other than those subject to the Sudan People’s Liberation Army Act, 2009 (section 4(2)). The Committee recalls that while members of the armed forces, the police and civil servants in the administration of the State can be excluded from the application of the Convention, all other categories of workers, including prison, fire and wildlife services, as well as civilian personnel in the armed forces, should benefit from the rights granted by it. The Committee requests the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State.

Application of the Convention in practice. The Committee invites the Government to provide information on the measures taken to promote collective bargaining and on the number of collective agreements concluded, specifying the sectors and the number of workers covered.

The Committee takes due note of the Government’s first report, of the adoption of the Workers Trade Unions Act, 2013 (WTUA) and of the elaboration of the Labour Bill, 2012 (LB). The Committee invites the Government to provide the latest version of the LB and to inform on the current status of the LB and on the participation of the social partners in its elaboration.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes that: (i) section 28(1) of the WTUA prohibits dismissal, downgrading, compulsory retirement and any other action prejudicial to the worker for reasons related to activity in a union or federation; (ii) section 27(1) prohibits transfer of any employee who stands for election to a union committee; and (iii) section 27(2) prohibits imposition of sanctions on members of a union’s or a federation’s committee for reasons related to committee membership. The Committee further notes that section 6 of the LB prohibits direct or indirect discrimination against a worker or job applicant on the basis of trade union membership or trade union activities, and that section 74(3) explicitly prohibits anti-union dismissals. While observing that the WTUA offers partial protection against acts of anti-union discrimination, the Committee requests the Government to take the necessary measures to ensure that national legislation grants a more comprehensive protection against all acts of anti-union discrimination encompassing job applicants, workers and trade union committee members, on the basis of both trade union membership and legitimate trade union activities in recruitment and during employment.

Article 2. Protection against acts of interference. The Committee notes the Government’s indication that employers’ and workers’ organizations enjoy the right to freely organize themselves without the Government’s interference in line with article 25(1) of the Transitional Constitution, and that this protection will also be spelled out in the LB and its regulations. While observing that section 28(2)(b) of the WTUA restricts employers’ intervention in trade union affairs, the Committee notes that it does not proscribe intervention of trade unions in employer’s organizations, and that the LB does not tackle either of these issues. The Committee requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits intervention by workers’ and employers’ organizations against each other.

Article 3. Machinery to ensure effective protection. The Committee notes that the WTUA does not provide for an appeal procedure and sanctions against acts of anti-union discrimination and interference. The Committee further notes that the LB provides for the establishment of a labour inspectorate, labour commissioner, labour advisory council, commission for conciliation, mediation and arbitration and a labour court (sections 16–38), and specifies that anti-union discrimination and anti-union dismissals constitute an offence (sections 6(8) and 74(5)) and that reinstatement and compensation can be ordered for unfair dismissal (section 84(1)). It also notes that section 132(2) of the LB provides for the issuance of regulations establishing penalties that may be imposed by the Labour Court upon finding of an offence under the LB. The Committee requests the Government to take the necessary measures to ensure that national legislation provides for effective and sufficiently dissuasive sanctions for acts of anti-union discrimination and interference, including for anti-union dismissal, separate from other cases of unfair dismissal. The Committee also invites the Government to provide information on the protection of workers against acts of anti-union discrimination and interference in practice, including the number of complaints filed with the competent authorities, the outcome of investigations and court proceedings and their average duration, in both the public and private sectors.

Article 4. Promotion of collective bargaining. The Committee notes that the LB provides for rules on the initiation of collective bargaining, obligation to negotiate in good faith, content of collective agreements, their registration and legal effect, as well as disputes in this regard (sections 100–107). It further notes that section 98 establishes a system under which a trade union that represents the majority of the workers in a bargaining unit is entitled to recognition as the exclusive bargaining agent, which is to be determined by the employer or, under certain circumstances, by the Commission for Conciliation, Mediation and Arbitration. With a view to effectively promoting the exercise of collective bargaining, the Committee emphasizes the importance of ensuring that: (i) the determination of representativeness is carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties; and (ii) the right to collective bargaining can still be exercised by the existing workers’ organizations in the absence of a majority union. The Committee therefore requests the Government to provide further details on: (i) the criteria and procedure to determine the exclusive bargaining agent; (ii) the right of other organizations to demand a new election after a reasonable period; (iii) the possibility of creating groups of trade unions for bargaining purposes; and (iv) collective bargaining rights of minority unions where no union meets the requirements to become the exclusive bargaining agent.

Article 6. Civil servants not engaged in the administration of the State. The Committee notes that, while section 6 of the WTUA exempts from its scope of application: certain categories of workers (any disciplined force, including the army, police, prison service, fire service and wildlife forces; national security forces; constitutional post holders; judges and justices; public attorney and legal advisors and senior members of the diplomatic service), the LB is applicable to all employees and workers other than those subject to the Sudan People’s Liberation Army Act, 2009 (section 4(2)). The Committee recalls that while members of the armed forces, the police and civil servants in the administration of the State can be excluded from the application of the Convention, all other categories of workers, including prison, fire and wildlife services, as well as civilian personnel in the armed forces, should benefit from the rights granted by it. The Committee requests the Government to take the necessary measures to ensure that national legislation guarantees the rights provided in the Convention to the civil servants not engaged in the administration of the State.

Application of the Convention in practice. The Committee invites the Government to provide information on the measures taken to promote collective bargaining and on the number of collective agreements concluded, specifying the sectors and the number of workers covered.

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - South Sudan (Ratification: 2012)

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