Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Democratic Republic of the Congo (Ratification: 1969)

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

The Committee notes the observations of Education International, received on 31 August 2023, alleging anti-union discrimination cases (suspension without pay for taking part in union action or denouncing irregularities). The Committee requests the Government to provide its comments in this respect.

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

Article 2 of the Convention. Protection against acts of interference. The Committee previously recalled that although section 235 of the Labour Code prohibits all acts of interference by employers’ and workers’ organizations in each other’s affairs, section 236 provides that acts of interference shall be defined more precisely in an Order issued by the Minister of Labour and Social Welfare in consultation with the National Labour Council. The Committee notes that the Government merely indicates that the matter will soon be submitted to the National Labour Council. Noting with concern that the Order in question has still not been adopted, the Committee trusts that the Government’s next report will finally indicate that specific progress has been made in this regard, and that the Order will include the various cases envisaged under Article 2 of the Convention.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee requested the Government to take the necessary measures to establish the right to collective bargaining of all public servants not engaged in the administration of the State explicitly in the national legislation, so that the legislation is consistent with the practice. The Committee noted in this regard that while Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees recognizes the right of public servants to organize and to strike and establishes consultative bodies, it does not provide for machinery for collective bargaining on conditions of employment. The Committee noted at the same time that the persons covered by the Act are primarily employees engaged in the administration of the State (section 2). The Committee recalls once again that, under Article 6, the Convention applies to workers and public servants who are not engaged in the administration of the State (for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as transport personnel) (see the 2012 General Survey on the fundamental Conventions, paragraph 172). Noting with regret that there has been no progress on this point, the Committee urges the Government to specify how the right to collective bargaining is granted to various categories of public servants not engaged in the administration of the State and to take, if necessary, steps to ensure that this right is granted to them both in law and in practice. It also requests the Government to provide information on the creation and functioning of the joint Government/trade union committees to which the Government refers in its report, as well as to any collective bargaining process in the public sector.

Branch-level collective bargaining. The Committee observes with concern that the Government does not provide information on the adoption of the Order defining the functioning of the joint committees, provided for under the terms of section 284 of the Labour Code relating to branch-level collective bargaining. Recalling once again that its initial request in relation to this matter was made in 2003, the Committee expresses the firm hope that the Order defining the functioning of the joint committees will be adopted without further delay.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the measures taken or envisaged to promote collective bargaining, the number of collective agreements concluded and in effect in the country, as well as on the sectors concerned and the number of workers covered by these agreements.

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

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

Article 2 of the Convention. Protection against acts of interference. The Committee previously recalled that although section 235 of the Labour Code prohibits all acts of interference by employers’ and workers’ organizations in each other’s affairs, section 236 provides that acts of interference shall be defined more precisely in an Order issued by the Minister of Labour and Social Welfare in consultation with the National Labour Council. The Committee notes that the Government merely indicates that the matter will soon be submitted to the National Labour Council. Noting with concern that the Order in question has still not been adopted, the Committee trusts that the Government’s next report will finally indicate that specific progress has been made in this regard, and that the Order will include the various cases envisaged under Article 2 of the Convention.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee requested the Government to take the necessary measures to establish the right to collective bargaining of all public servants not engaged in the administration of the State explicitly in the national legislation, so that the legislation is consistent with the practice. The Committee noted in this regard that while Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees recognizes the right of public servants to organize and to strike and establishes consultative bodies, it does not provide for machinery for collective bargaining on conditions of employment. The Committee noted at the same time that the persons covered by the Act are primarily employees engaged in the administration of the State (section 2). The Committee recalls once again that, under Article 6, the Convention applies to workers and public servants who are not engaged in the administration of the State (for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as transport personnel) (see the 2012 General Survey on the fundamental Conventions, paragraph 172). Noting with regret that there has been no progress on this point, the Committee urges the Government to specify how the right to collective bargaining is granted to various categories of public servants not engaged in the administration of the State and to take, if necessary, steps to ensure that this right is granted to them both in law and in practice. It also requests the Government to provide information on the creation and functioning of the joint Government/trade union committees to which the Government refers in its report, as well as to any collective bargaining process in the public sector.

Branch-level collective bargaining. The Committee observes with concern that the Government does not provide information on the adoption of the Order defining the functioning of the joint committees, provided for under the terms of section 284 of the Labour Code relating to branch-level collective bargaining. Recalling once again that its initial request in relation to this matter was made in 2003, the Committee expresses the firm hope that the Order defining the functioning of the joint committees will be adopted without further delay.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the measures taken or envisaged to promote collective bargaining, the number of collective agreements concluded and in effect in the country, as well as on the sectors concerned and the number of workers covered by these agreements.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2 of the Convention. Protection against acts of interference. The Committee previously recalled that, although section 235 of the Labour Code prohibits all acts of interference by employers’ and workers’ organizations in each other’s affairs, section 236 provides that acts of interference shall be defined more precisely in an Order issued by the Minister of Labour and Social Welfare in consultation with the National Labour Council. Noting with regret that the Order in question has still not been adopted, the Committee trusts that the Government’s next report will finally indicate that specific progress has been made in this regard, and that the Order will include the various acts envisaged in Article 2 of the Convention.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee noted, on the one hand, that wage bargaining and agreements exist in the public sector and that joint committees operate, and on the other, that section 1 of the Labour Code expressly excludes from its scope of application permanent public service employees governed by the general conditions of service and permanent public service employees and officials governed by specific conditions of service. The Committee asked the Government to take the necessary measures to ensure that the national legislation clearly guarantees the right to collective bargaining of all public servants not engaged in the administration of the State, so that the legislation is consistent with practice. The Committee notes the Government’s indication that a joint government/public administration trade union commission was established in December 2017 in order to develop a salary scale and to ensure that Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees gives effect to the provisions of the Convention. The Committee observes that the Act of 2016 establishes the right to organize and to strike for public servants and that it establishes advisory bodies, but does not provide for machinery for collective bargaining of conditions of employment. At the same time, the Committee notes that the persons covered by the Act are primarily employees engaged in the administration of the State (section 2). In this regard, the Committee recalls that, under Article 6, the Convention applies to workers and public servants who are not engaged in the administration of the State (for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as transport personnel) (see 2012 General Survey on the fundamental Conventions, paragraph 172). The Committee therefore once again requests the Government, to indicate the manner in which the right to collective bargaining is granted to various categories of public servants who are not engaged in the administration of the State and to take, if necessary, steps to ensure that this right is granted to them both in law and in practice.

Branch-level collective bargaining. The Committee observes with regret that it still has not received any information on the adoption of the Order determining the operation of the joint committees, provided for under section 284 of the Labour Code on branch-level collective bargaining. Recalling once again that it made its initial request on this matter in 2003, the Committee expects the Government to provide information in its next report on the adoption of the Order determining the operation of the joint committees.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force in the country, as well as the sectors concerned and the number of workers covered by these Conventions.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and will contain full information on the matter raised in its previous direct request. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session at the International Labour Conference, for failure to supply reports and information on the application of ratified Conventions. Noting that the Government received technical assistance from the Office and the International Training Centre of the ILO in this respect in November 2017, the Committee expects that the Government will show a more cooperative attitude in the future by fulfilling its constitutional obligations.

In its previous comments, the Committee requested the Government to take the necessary steps to adopt the decree determining the operation of the joint committees, provided for under section 284 of the Labour Code. Recalling that it made its initial request on this matter in 2003, the Committee is once again bound to request the Government to take all the necessary measures to ensure the adoption of the decree determining the operation of the joint committees and expects it to report concrete progress in this regard.

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

The Committee notes with regret that the Government’s report has not been received. It also notes that the Government was requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference due to the failure to provide reports and information on the application of ratified Conventions. Noting that in November 2017 the Government received technical assistance from the Office and the International Training Centre of the ILO on the subject, the Committee expects that the Government will be more cooperative in the future in fulfilling its constitutional obligations.

The Committee recalls that its previous comments addressed the following points:

Article 2 of the Convention. Protection against acts of interference. The Committee previously recalled that, although section 235 of the Labour Code prohibits all acts of interference by employers’ and workers’ organizations in each other’s affairs, section 236 provides that acts of interference shall be defined more precisely in an order. The Committee once again requests the Government to indicate any new developments regarding the adoption of the order in question, and expects that the Government’s next report will indicate that specific progress has been made in this regard, in particular the inclusion of the various acts specified in Article 2 of the Convention.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee noted various agreements concluded between the administration and the trade unions representing public servants not engaged in the administration of the State. It concluded that, in practice, wage bargaining and agreements exist in the public sector. However, having noted that section 1 of the Labour Code expressly excludes from its scope career officials of the state public services governed by the general conditions of service and career employees and officials of state public services governed by specific conditions of service, the Committee requested the Government to take measures to ensure that the national legislation clearly guarantees the right to collective bargaining of all public servants not engaged in the administration of the State, as provided in Articles 4 and 6 of the Convention. The Committee noted the Government’s repeated indication that mechanisms for collective bargaining exist between public sector unions and the administration, such as the joint committee. The Committee is once again bound to repeat its request to the Government to establish explicitly in the national legislation, for example as part of the public administration reform under way, the right to collective bargaining of all public servants not engaged in the administration of the State, so that the legislation is consistent with the practice. Meanwhile, it once again requests the Government to provide information on all negotiations held in the joint committee.

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

The Committee is raising other matters in a request addressed directly to the Government.

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

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 comments, the Committee requested the Government to take the necessary measures to adopt the Order determining the operation of the joint committees, in accordance with section 284 of the Labour Code. The Committee notes the Government’s indication that the texts implementing the Labour Code, including the draft Order in question, are still being reviewed. Recalling that it made its initial request on this matter in 2003, the Committee trusts that the Government’s next report will eventually confirm the adoption of the Order determining the operation of the joint committees.

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 31 August 2014 and 31 August 2016. The Committee requests the Government to provide its comments in this regard.

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

Article 2 of the Convention. Protection against acts of interference. The Committee pointed out previously that although section 235 of the Labour Code prohibits all acts of interference by organizations of employers and workers in each other’s affairs, section 236 provides that acts of interference must be defined more precisely in an order. The Committee requested the Government to indicate any new developments regarding the adoption of such an order. Noting the information that the order defining acts of interference has not as yet been adopted, the Committee urges the Government to take the necessary measures to this end promptly and hopes that in its next report, the Government will indicate that concrete progress has been made in this regard, in particular that the acts specified in Article 2 of the Convention will be included in the definition.

Article 6. Collective bargaining in the public sector. In its previous comments, the Committee took note of various agreements concluded by the administration and the unions representing public employees not engaged in the administration of the State. It concluded that, in practice, wage bargaining and agreements exist in the public sector. However, having noted that section 1 of the Labour Code expressly excludes from the Code permanent officials of the state public services governed by the general conditions of service and permanent employees and officials of state public services governed by specific conditions of service, the Committee requested the Government to take steps to ensure that the national legislation clearly guarantees the right to collective bargaining of all public servants not engaged in the administration of the State, as provided in Articles 4 and 6 of the Convention. The Committee notes that the Government merely repeats that there are mechanisms for collective bargaining between public sector unions and the administration, such as the joint committee. The Committee is bound to repeat its request to the Government to establish expressly in the national legislation, for example as part of the public administration reform under way, the right to collective bargaining of all public servants not engaged in the administration of the State. Meanwhile, it requests the Government to provide information on all negotiations held in the joint committee.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

In its previous comments, the Committee requested the Government to take the necessary measures to adopt the Order determining the operation of the joint committees, in accordance with section 284 of the Labour Code. The Committee notes the Government’s indication that the texts implementing the Labour Code, including the draft Order in question, are still being reviewed. Recalling that it made its initial request on this matter in 2003, the Committee trusts that the Government’s next report will eventually confirm the adoption of the Order determining the operation of the joint committees.

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

In its previous comments, the Committee requested the Government to send its observations in response to comments made between 2007 and 2011 by the International Trade Union Confederation (ITUC) and the Confederation of Trade Unions of Congo (CSC), reporting acts of anti-union discrimination and interference, the dismissal of many trade unionists and the refusal of employers to give effect to court orders for their reinstatement and rehabilitation. The Committee notes that the abovementioned allegations are under examination by the Committee on Freedom of Association, and that an ILO assistance mission visited the country in July 2013 in this connection.

Article 2 of the Convention. Protection against acts of interference. The Committee pointed out previously that although section 235 of the Labour Code prohibits all acts of interference by organizations of employers and workers in each others’ affairs, section 236 provides that acts of interference must be defined more precisely in an order. The Committee requested the Government to indicate any new developments regarding the adoption of such an order. Noting the information that the order defining acts of interference has not as yet been adopted, the Committee urges the Government to take the necessary measures to this end promptly and hopes that in its next report, the Government will indicate that concrete progress has been made in this regard, in particular that the acts specified in Article 2 of the Convention will be included in the definition.

Article 6. Collective bargaining in the public sector. In its previous comments, the Committee took note of various agreements concluded by the administration and the unions representing public employees not engaged in the administration of the State. It concluded that, in practice, wage bargaining and agreements exist in the public sector. However, having noted that section 1 of the Labour Code expressly excludes from the Code permanent officials of the state public services governed by the general conditions of service and permanent employees and officials of state public services governed by specific conditions of service, the Committee requested the Government to take steps to ensure that the national legislation clearly guarantees the right to collective bargaining of all public servants not engaged in the administration of the State, as provided in Articles 4 and 6 of the Convention. The Committee notes that the Government merely repeats that there are mechanisms for collective bargaining between public sector unions and the administration, such as the joint committee. The Committee is bound to repeat its request to the Government to establish expressly in the national legislation, for example as part of the public administration reform under way, the right to collective bargaining of all public servants not engaged in the administration of the State. Meanwhile, it requests the Government to provide information on all negotiations held in the joint committee.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes with regret that the Government’s report does not reply to the point raised in its previous direct request, which read as follows:

Repetition

The Committee notes that the National Labour Council has not yet adopted the draft Order determining the operation of joint committees, in accordance with section 284 of the Labour Code. The Committee hopes that the Government will make every effort to take the necessary action in the very near future and requests it to indicate any progress concerning this draft.

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

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 4 August 2011 which report, among other matters, the dismissal of many trade unionists and the refusal of employers to give effect to court orders for their reinstatement and rehabilitation. The Committee requests the Government to provide without delay its observations thereon.

In its previous comments, the Committee noted with interest the Government’s indication that it intended to give effect to the Committee’s recommendation to conduct an independent investigation in order to clarify the questions raised by the ITUC and the Trade Union Confederation of the Congo (CSC) in 2007 concerning: (1) acts of discrimination and anti-union interference in private enterprises (including threats of dismissal against union members, despite the fact that section 234 of the Labour Code prohibits acts of anti-union discrimination); (2) the existence of many unions established and financed by employers; and (3) the failure to comply with collective agreements. The Committee requested the Government to indicate any developments and the conclusions of the independent investigation. The Committee notes the Government’s indication in its report that it has not identified acts of discrimination in private enterprises, nor the existence of unions established and financed by employers or failure to comply with collective agreements, as indicated by the ITUC and the CSC, and that it is for these unions to provide proof of their allegations. The Committee understands from the Government’s reply that the investigation that it conducted did not include the participation of trade unions. The Committee recalls that complaints against acts of anti-union discrimination should normally be examined by national machinery which, in addition to being speedy, should not only be impartial, but also be seen to be such by the parties concerned, who should participate in the procedure in an appropriate and constructive manner. Under these conditions, the Committee requests the Government to conduct a new independent investigation and to ensure that all the parties can be heard.

Article 2 of the Convention. Protection against acts of interference. The Committee noted previously that, according to the Government, the National Labour Council has not yet adopted the draft Order prohibiting acts of interference. The Committee recalled that, although section 235 of the new Labour Code prohibits all acts of interference by organizations of employers and workers in each other’s affairs, section 236 provides that acts of interference must be defined more precisely. The Committee noted the Government’s reply to the effect that the National Labour Council has not yet taken a decision on the draft Order prohibiting acts of interference. To that end, the Committee noted that the Government undertook to provide a copy of the Order once it had been adopted. The Committee notes that, according to the Government’s report, the Order has still not been adopted. Under these conditions, the Committee hopes that the Order referred to above will be adopted in the very near future and requests the Government to indicate any developments in this regard.

Article 6. Collective bargaining in the public sector. With regard to practice, the CSC indicated previously the existence of measures allowing the establishment of mechanisms for the promotion of collective bargaining in the public sector. The Committee noted the information provided by the Government concerning the right of public employees not engaged in the administration of the State to engage in collective bargaining, and particularly: (1) the agreement of 11 September 1999 on basic wages concluded between the Government and the unions of the public administration at a meeting of the joint committee; (2) the “social contract for innovation” of 12 February 2004 concluded between the Government and the unions of the public administration; and (3) the agreement concluded between the Government and the unions of the public administration following a strike by unions in the education sector in 2005. The Committee concluded that, in practice, there were wage negotiations and agreements in the public sector.

With regard to the legislative texts respecting the right to collective bargaining in the public sector, the Committee observed previously that the Government had sent the text of Ministerial Order No. 12/CAB.MIN/ TPS/ar/NK/054 of 12 October 2004 establishing the procedures for the representation and recourse to elections of workers in enterprises or establishments of all types. The Committee also noted the will expressed by the Government to regulate the salaries of public servants set by negotiated agreements in the context of the imminent reform of the public administration. In this regard, the Committee noted the comments by the ITUC that the staff of decentralized entities (towns, territories and sectors), who comprise a subcategory of public servants, do not enjoy the right to bargain. The Committee also noted that section 1 of the Labour Code explicitly excludes from the Code career members of the State public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of State public services and explicitly providing for the establishment of institutions ensuring the representation of the personnel) and career employees and officials of State public services who are governed by specific conditions of service.

The Committee notes the Government’s indication that the categories of workers envisaged in Articles 4 and 6 of the Convention are governed by the Labour Code and that collective bargaining is possible through the joint committee. The Committee however observes that the text of section 1 of the Labour Code appears to exclude from its scope of application broad categories of public employees and officials. The Committee therefore reiterates its request to the Government to take steps to ensure that the legislation clearly guarantees the right to collective bargaining of all public servants not engaged in the administration of the State, as provided in Articles 4 and 6 of the Convention, and once again requests the Government to indicate any progress achieved in the reform of the public administration.

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 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 that the National Labour Council has not yet adopted the draft Order determining the operation of joint committees, in accordance with section 284 of the Labour Code. The Committee hopes that the Government will make every effort to take the necessary action in the very near future and requests it to indicate any progress concerning this draft.

Observation (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 noted the Government’s reply to the questions raised by the Trade Union Confederation of the Congo (CSC) and the International Trade Union Confederation (ITUC) on the application of the Convention.

The Committee had noted with interest that the Government stated that it intends to give effect to the Committee’s recommendation to conduct an independent investigation in order to clarify the questions raised by the ITUC and by the CSC concerning: (1) acts of discrimination and anti-union interference in private enterprises (including threats of dismissal against union members despite the fact that section 234 of the Labour Code prohibits acts of anti-union discrimination); (2) the existence of many unions established and financed by employers; and (3) the failure to comply with collective agreements. The Committee again requests the Government to indicate the developments and conclusions of the independent investigation.

Article 2 of the Convention. Protection against acts of interference. The Committee noted previously that, according to the Government, the National Labour Council has not yet adopted the draft Order prohibiting acts of interference. The Committee recalled that, although section 235 of the new Labour Code prohibits all acts of interference by organizations of employers and workers in each others’ affairs, section 236 provides that acts of interference must be defined more precisely. The Committee noted the Government’s reply to the effect that the National Labour Council has not yet taken a decision on the draft Order prohibiting acts of interference. To that end, the Committee noted that the Government undertakes to provide a copy of the Order once it has been adopted. The Committee hopes that the Order concerned will be adopted as soon as possible and requests the Government to provide information on developments in this regard.

Article 6. Collective bargaining in the public sector. The Committee noted previously that section 1 of the Labour Code explicitly excludes from the Code career members of the state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services and explicitly providing for the establishment of institutions ensuring the representation of the personnel) and career employees and officials of state public services who are governed by specific conditions of service. The CSC had indicated the existence of measures allowing the establishment of mechanisms for the promotion of collective bargaining in the public sector. The Committee had noted the information provided by the Government concerning the right of public employees not engaged in the administration of the state to engage in collective bargaining, and particularly: (1) the agreement of 11 September 1999 on basic wages concluded by the Government and the unions of the public administration at a meeting of the joint committee; (2) the “social contract for innovation” of 12 February 2004 concluded by the Government and the unions of the public administration; and (3) the agreement concluded by the Government and the unions of the public administration following a strike by unions in the education sector in 2005. The Committee had concluded that, in practice, there were wage negotiations and agreements in the public sector.

The Committee observed that the Government has sent the text of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004, establishing the procedures for the representation and recourse to elections of workers in enterprises or establishments of all types. The Committee also noted the Government’s indication that it intends to regulate the salaries of public servants set by negotiated agreements in the context of the imminent reform of the public administration. In this regard, the Committee also notes the comment by the ITUC that the staff of decentralized entities (towns, territories and sectors), who comprise a subcategory of public servant, do not enjoy the right to bargain. The Committee reiterates its previous request to the Government to take steps to ensure that the legislation guarantees the right of collective bargaining for public servants not engaged in the administration of the State, as established under Articles 4 and 6 of the Convention, and requests the Government to indicate the developments concerning the reform of the public administration.

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

The Committee notes the observations made by the ITUC and requests the Government to send its reply.

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

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 that the National Labour Council has not yet adopted the draft Order determining the operation of joint committees, in accordance with section 284 of the Labour Code. The Committee hopes that the Government will make every effort to take the necessary action in the very near future and requests it to indicate any progress concerning this draft.

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

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

The Committee notes the Government’s report in reply to the questions raised by the Trade Union Confederation of the Congo (CSC) and the International Trade Union Confederation (ITUC) on the application of the Convention.

The Committee had noted with interest that the Government stated that it intends to give effect to the Committee’s recommendation to conduct an independent investigation in order to clarify the questions raised by the ITUC and by the CSC concerning: (1) acts of discrimination and anti-union interference in private enterprises (including threats of dismissal against union members despite the fact that section 234 of the Labour Code prohibits acts of anti-union discrimination); (2) the existence of many unions established and financed by employers; and (3) the failure to comply with collective agreements. The Committee again requests the Government to indicate the developments and conclusions of the independent investigation.

Article 2 of the Convention. Protection against acts of interference. The Committee noted previously that, according to the Government, the National Labour Council has not yet adopted the draft Order prohibiting acts of interference. The Committee recalled that, although section 235 of the new Labour Code prohibits all acts of interference by organizations of employers and workers in each others’ affairs, section 236 provides that acts of interference must be defined more precisely. The Committee notes the Government’s reply to the effect that the National Labour Council has not yet taken a decision on the draft Order prohibiting acts of interference. To that end, the Committee notes that the Government undertakes to provide a copy of the Order once it has been adopted. The Committee hopes that the Order concerned will be adopted as soon as possible and requests the Government to provide information on developments in this regard.

Article 6. Collective bargaining in the public sector. The Committee noted previously that section 1 of the Labour Code explicitly excludes from the Code career members of the state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services and explicitly providing for the establishment of institutions ensuring the representation of the personnel) and career employees and officials of state public services who are governed by specific conditions of service. The CSC had indicated the existence of measures allowing the establishment of mechanisms for the promotion of collective bargaining in the public sector. The Committee had noted the information provided by the Government concerning the right of public employees not engaged in the administration of the state to engage in collective bargaining, and particularly: (1) the agreement of 11 September 1999 on basic wages concluded by the Government and the unions of the public administration at a meeting of the joint committee; (2) the “social contract for innovation” of 12 February 2004 concluded by the Government and the unions of the public administration; and (3) the agreement concluded by the Government and the unions of the public administration following a strike by unions in the education sector in 2005. The Committee had concluded that, in practice, there were wage negotiations and agreements in the public sector.

The Committee observes that the Government has sent the text of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004, establishing the procedures for the representation and recourse to elections of workers in enterprises or establishments of all types. The Committee also notes the Government’s indication that it intends to regulate the salaries of public servants set by negotiated agreements in the context of the imminent reform of the public administration. In this regard, the Committee also notes the comment by the ITUC that the staff of decentralized entities (towns, territories and sectors), who comprise a subcategory of public servant, do not enjoy the right to bargain. The Committee reiterates its previous request to the Government to take steps to ensure that the legislation guarantees the right of collective bargaining for public servants not engaged in the administration of the State, as established under Articles 4 and 6 of the Convention, and requests the Government to indicate the developments concerning the reform of the public administration.

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

The Committee notes the observations made by the ITUC and requests the Government to send its reply.

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

The Committee notes that, according to the Government’s report, the National Labour Council has not yet adopted the draft Order determining the operation of joint committees, in accordance with section 284 of the Labour Code. The Committee hopes that the Government will make every effort to take the necessary action in the very near future and requests it to indicate any developments in this regard.

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

The Committee notes the Government’s report in reply to the questions raised in 2007 by the Trade Union Confederation of the Congo (CSC) and the International Trade Union Confederation (ITUC) on the application of the Convention. According to the recent comments made by the ITUC, dated 29 August 2008, the Committee notes that most of the 400 trade unions in the private sector, mainly in the natural resources sector, do not have active members and were in fact created by employers to mislead workers and discourage initiatives to create genuine trade unions.

The Committee notes with interest that the Government states in its report that it intends to give effect to the Committee’s recommendation to conduct an independent investigation in order to clarify the questions raised by the ITUC and by the CSC concerning: (1) acts of discrimination and anti-union interference in private enterprises (including threats of dismissal against union members despite the fact that section 234 of the Labour Code prohibits acts of anti-union discrimination); (2) the existence of many unions established and financed by employers; and (3) the failure to comply with collective agreements. The Committee therefore requests the Government to indicate the developments and conclusions of the independent investigation.

Article 2 of the Convention. Protection against acts of interference. The Committee noted previously that, according to the Government, the National Labour Council has not yet adopted the draft Order prohibiting acts of interference. The Committee recalled that, although section 235 of the new Labour Code prohibits all acts of interference by organizations of employers and workers in each others’ affairs, section 236 provides that acts of interference must be defined more precisely. The Committee notes the Government’s reply to the effect that the National Labour Council has not yet taken a decision on the draft Order prohibiting acts of interference. To that end, the Committee notes that the Government undertakes to provide a copy of the Order once it has been adopted. The Committee hopes that the Order concerned will be adopted as soon as possible and requests the Government to provide information on developments in this regard.

Article 6. Collective bargaining in the public sector. The Committee noted previously that section 1 of the Labour Code explicitly excludes from the Code career members of the state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services and explicitly providing for the establishment of institutions ensuring the representation of the personnel) and career employees and officials of state public services who are governed by specific conditions of service. The CSC had indicated in its comments of 31 May 2004, the existence of measures allowing the establishment of mechanisms for the promotion of collective bargaining in the public sector. The Committee had noted the information provided by the Government concerning the right of public employees not engaged in the administration of the state to engage in collective bargaining, and particularly: (1) the agreement of 11 September 1999 on basic wages concluded by the Government and the unions of the public administration at a meeting of the joint committee; (2) the “social contract for innovation” of
12 February 2004 concluded by the Government and the unions of the public administration; and (3) the agreement concluded by the Government and the unions of the public administration following a strike by unions in the education sector in 2005. The Committee had concluded that, in practice, there were wage negotiations and agreements in the public sector.

The Committee observes that the Government has sent the text of Ministerial Order No. 12/CAB.MIN/TPS/ar/NK/054 of 12 October 2004, establishing the procedures for the representation and recourse to elections of workers in enterprises or establishments of all types. The Committee also notes the Government’s indication that it intends to regulate the salaries of public servants set by negotiated agreements in the context of the imminent reform of the public administration. In this regard, the Committee also notes the comment by the ITUC that the staff of decentralized entities (towns, territories and sectors), who comprise a subcategory of public servant, do not enjoy the right to bargain. The Committee reiterates its previous request to the Government to take steps to ensure that the legislation guarantees the right of collective bargaining for public servants not engaged in the administration of the State, as established under Articles 4 and 6 of the Convention, and requests the Government to indicate the developments concerning the reform of the public administration.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. In its previous direct request, the Committee asked the Government to provide the following text:

–           the Order determining the operation of joint committees, in accordance with section 284 of the Labour Code which, according to the Government’s last report, had not yet been adopted.

The Committee requests the Government to provide this text without delay.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Comments of the Trade Union Confederation of the Congo (CSC, now ITUC, International Trade Union Confederation), the World Confederation of Labour (WCL) and the International Trade Union Confederation (ITUC). The Committee notes with regret that the Government has not replied to the grave issues raised by the ITUC, nor to any of the comments made by the CSC or the WCL concerning: (1) acts of discrimination and anti-union interference in private enterprises (including threats of dismissal against union members despite the fact that section 234 of the Labour Code prohibits acts of anti-union discrimination); (2) the existence of many unions established and financed by employers; and (3) failure to comply with collective agreements. The Committee requests the Government to order independent inquiries into these allegations and to provide specific information on protection against acts of anti-union discrimination in practice (number of complaints made, penalties imposed, duration of procedures, etc.).

2. Article 2 of the Convention. Protection against acts of interference. The Committee noted previously that, according to the Government, the National Labour Council has not yet adopted the draft Order prohibiting acts of interference. The Committee recalled that, although section 235 of the new Labour Code prohibits all acts of interference by organizations of employers and workers in each others’ affairs, section 236 provides that acts of interference must be defined more precisely. The Committee once again requests the Government to send a copy of the Order that is adopted on this issue.

3. Article 6. Collective bargaining in the public sector. The Committee noted previously that section 1 of the Labour Code explicitly excludes from the Code career members of the state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services) and career employees and officials of state public services who are governed by specific conditions of service. The CSC indicated in its comments of 31 May 2004 the existence of measures allowing the establishment of mechanisms for the promotion of collective bargaining in the public sector. The Committee noted the Government’s reply concerning the right of public employees not engaged in the administration of the State to engage in collective bargaining, and particularly: (1) the agreement of 11 September 1999 on basic wages concluded by the Government and the unions of the public administration at a meeting of the joint committee; (2) the “social contract for innovation” of 12 February 2004 concluded by the Government and the unions of the public administration; and (3) the agreement concluded by the Government and the unions of the public administration following a strike by SYECO and SYNECAT (education sector) in 2005. The Committee inferred that, in practice, there are wage negotiations and agreements in the public sector and it noted that Act No. 81-003 of 17 July 1981 explicitly provides for the establishment of institutions ensuring the representation of the personnel. Recalling that collective bargaining should be able to cover all working conditions, and taking into account the ITUC’s comments that the Government establishes wages by decree and disregards negotiated agreements, the Committee once again requests the Government to take measures to ensure that the legislation regulates this right, as set out in Articles 4 and 6 of the Convention, for public employees not engaged in the administration of the State.

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

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

In its 2005 direct request, the Committee asked the Government to provide: (1) a copy of the order determining the regulation of workers’ representatives in enterprises, in accordance with section 255 of the Labour Code; (2) the order determining the operation of joint committees, in accordance with section 284; and (3) a copy of Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the public service. The Committee notes that the Government indicates, in its report, that the order determining the operation of joint committees has not yet been adopted. The Committee received the copy of Act No. 81-003 of 17 July 1981 and notes the Government’s indication that it has also attached to its report a copy of the order determining the regulation of workers’ representatives in enterprises. The Committee has not, however, received this text and asks the Government to send it.

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

The Committee notes the Government’s report and the replies to some of the comments of the Trade Union Confederation of the Congo (CSC) and the World Confederation of Labour (WCL). It also notes the comments of 10 and 31 August 2006 by the International Confederation of Free Trade Unions (ICFTU).

1. Comments of the CSC, the WCL and the ICFTU. The Committee notes with regret that the Government has still not answered the comments of the ICFTU, or all the comments of the CSC and the WCL of 23 August 2005 concerning: (1) acts of discrimination in private enterprises (including threats of dismissal to union members despite the fact that section 234 of the Labour Code prohibit acts of anti-union discrimination); (2) the existence of many unions established and financed by employers; and (3) failure to comply with collective agreements. The Committee requests the Government once again to hold an independent inquiry into these allegations and to keep the Committee informed.

2. Article 2 of the Convention. Protection against acts of interference. The Committee notes that, according to the Government, the National Labour Council has not yet adopted the draft order prohibiting acts of interference. The Committee points out that, although section 235 of the new Labour Code prohibits all acts of interference by organizations of employers and workers in each others’ affairs, section 236 provides that acts of interference must be defined more closely. The Committee once again requests the Government to send a copy of the abovementioned order as soon as its is adopted.

3. Article 6. Collective bargaining in the public sector. The Committee noted previously that section 1 of the Labour Code expressly excludes from the Code career members of state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services) and career employees and officials of state public services who are governed by specific conditions of service. In its comments of 31 May 2004, the CSC reported that measures were under way to establish mechanisms for the promotion of collective bargaining in the public sector. The Committee takes note of the Government’s reply concerning the right of public employees not engaged in the administration of the State to collective bargaining, in particular: (1) the agreement of 11 September 1999 on basic wages concluded by the Government and the public administration unions at a joint committee meeting; (2) the “social contract for innovation” of 12 February 2004 concluded by the Government and the public administration unions; and (3) the agreement concluded by the Government and the public administration unions following a strike by SYECO and SYNECAT in 2005. The Committee infers from the above that, in practice, there are wage negotiations and agreements in the public sector, and notes that Act No. 81-003 of 17 July 1981 expressly provides for the creation of institutions ensuring the representation of personnel. The Committee points out that any collective bargaining should be able to cover all working conditions and, in view of the ICFTU’s most recent comments in which the organization alleges that the Government establishes wages by decree and disregards negotiated agreements, the Committee invites the Government to take steps to ensure that the legislation regulates this right for public servants not engaged in the administration of the State, established in Articles 4 and 6 of the Convention.

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

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

The Committee requests the Government to provide the text of the following orders issued by the minister responsible for labour and social insurance as soon as they are adopted:

n      the order determining the regulation of workers’ representatives in enterprises, in accordance with section 255 of the Labour Code;

n      the order determining the operation of joint committees, in accordance with section 284.

The Committee also requests the Government to provide a copy of Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the public service.

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

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

The Committee also notes the comments sent on 23 August 2005 by the Trade Union Confederation of the Congo (CSC) and the World Confederation of Labour (WCL). These organizations report acts of discrimination in private companies, threats to dismiss union members in the SOSIDER-SOSTEEL company, despite the fact that section 234 of the Labour Code prohibits acts of anti-union discrimination, and the existence of many trade unions established and financed by employers. The Committee requests the Government to respond to these comments.

Article 2 of the Convention. The Committee pointed out previously that, although section 235 of the new Labour Code prohibits all acts of interference by employers’ and workers’ organizations in each others’ affairs, section 236 provides that acts of interference shall be defined more specifically by Ministerial Order. Noting the observations of the WCL and the CSC concerning trade unions created and financed by employers, the Committee once again asks the Government to send a copy of the Ministerial Order as soon as it is adopted.

Article 6. With regard to collective bargaining in the public sector, the Committee noted previously that section 1 of the Code, which defines its scope, expressly excludes from the Code career members of state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services) and career employees and officials of state public services who are governed by specific conditions of service. Noting that in its comments of 31 May 2004, the CSC indicates that measures are under way to establish mechanisms for the promotion of collective bargaining in the public sector, the Committee once again asks the Government to indicate whether public servants who are not engaged in the administration of the State have the right to bargain collectively, and to keep it informed in its next report of measures intended to encourage and promote the negotiation of terms and conditions of employment between the public authorities and workers’ organizations in this sector.

The Committee hopes that the Government will make every effort to send its report as soon as possible.

The Committee is addressing a request on certain other points directly to the Government.

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

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

The Committee requests the Government to provide the text of the following orders issued by the minister responsible for labour and social insurance as soon as they are adopted:

-  the order determining the regulation of workers’ representatives in enterprises, in accordance with section 255 of the Labour Code;

-  the order determining the operation of joint committees, in accordance with section 284.

The Committee also requests the Government to provide a copy of Act No. 81-003, of 17 July 1981, issuing the conditions of service of career members of the public service.

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

The Committee notes with regret that the Government’s report has not been received and that the Government has not replied to the comments made by the Conscience of Workers and Peasants of Congo (CTP), dated 10 July 2003. The Committee also notes the comments made by the Confederation of Trade Unions of Congo (CSC), an organization affiliated to the World Confederation of Labour (WCL), dated 31 May 2004.

Article 2 of the Convention. The Committee recalls that, although section 235 of the new Labour Code prohibits all acts of interference by workers’ and employers’ organizations in each other’s affairs, section 236 provides that acts of interference shall be defined more specifically in a ministerial order. The Committee therefore once again requests the Government to provide a copy of this order as soon as it is adopted.

Article 4. The Committee notes that in its comments the CTP indicates that certain enterprises, such as the National Electricity Company (SNEL), exclude representative trade union organizations from collective bargaining without taking into account section 13 of the national inter-occupational collective labour agreement, concluded and signed by the organizations of workers and employers of the Democratic Republic of the Congo, which provides that only trade unions whose representativeness is confirmed by the election of at least one trade union delegate may participate in collective bargaining in the enterprise. The Committee therefore requests the Government to reply to the CTP’s comments and requests it to take all necessary measures to promote collective bargaining with representative organizations.

Article 6. With regard to collective bargaining in the public sector, the Committee had noted in its previous comment that section 1 of the Labour Code, which specifies its scope of application, explicitly excludes career members of the state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the state public services) and career employees and officials of the state public services governed by specific conditions of service. Noting that the CSC’s comments indicate that no measures have been taken to establish mechanisms to promote collective bargaining in the public sector, the Committee once again requests the Government to indicate whether public servants who are not engaged in the administration of the State have the right to bargain collectively, and to keep it informed in future reports of measures intended to encourage and promote the negotiation of terms and conditions of employment between the public authorities and workers’ organizations in this sector.

The Committee hopes that the Government will make every effort to provide its report as soon as possible and is also addressing a request directly to the Government.

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

The Committee notes the entry into force of Act No. 015/2002 of 16 October 2002 issuing the Labour Code. The Committee requests the Government to send the text of the following Orders issued by the Minister in charge of labour and social security as soon as they are adopted:

-  The order to determine the regulation of workers’ representatives in the enterprise in accordance with section 255 of the Labour Code;

-  The order to determine the operation of joint committees in accordance with section 284.

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

The Committee notes that the Government’s report has not been received. It notes the entry into force of Act No. 015/2002 of 16 October 2002 issuing the Labour Code.

Article 1 of the Convention. The Committee notes with satisfaction the provisions of the new Labour Code (sections 62, 234 and 321) which prohibit all acts of anti-union discrimination, including unilateral termination of employment contracts by employers for membership of a union or union activities, a matter raised by the Committee in its previous comments. The Committee further notes that, under section 63 of the new Code, where a contract of indefinite duration is terminated without due cause, the worker may be reinstated or, failing that, is entitled to damages, the amount of which is to be set by the labour courts. Under section 321 of the Code, breach of section 234 may be sanctioned by a fine of up to 20,000 Congolese francs (constant) (the average monthly wage of a worker is 2,400 Congolese francs).

Article 2. The Committee notes with interest that further to its comments the new Code, in section 235, prohibits all acts of interference by workers’ organizations and employers’ organizations in each other’s affairs on pain of sanctions (section 321). It notes that acts of interference are to be defined more specifically in a ministerial order under section 236 of the Code, and asks the Government to provide a copy of the order once it is adopted.

Article 4. With regard to collective bargaining in the public sector, the Committee notes that section 1 of the Code specifies the Code’s scope and expressly excludes career members of the state public service who are governed by the General Regulations (Act No. 81-003 of 17 July 1981 establishing the regulations of career members of the state public service) and career members of the state public service who are governed by specific regulations. In its previous observation the Committee had noted that the Government had set up a joint committee for the purpose of: (1) examining the social conditions of state employees and officials; (2) examining problems specific to the services of these employees and their administrative position; and (3) regulating trade union activities in the public administration. Lastly, the Committee asks the Government to indicate whether public servants who are not engaged in the administration of the State have the right to bargain collectively, and to provide information in future reports on measures to encourage and promote the negotiation of terms and conditions of employment between the public authorities and workers’ organizations in this sector.

The Committee notes the comments on the application of the Convention made by the organization Conscience of the Workers and Peasants of the Congo on 10 July 2003 and requests the Government to send its response in this respect.

The Committee is addressing a request directly to the Government.

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

The Committee notes the information contained in the Government’s report. It recalls that its previous comments related to the following points.

Article 1 of the Convention. The Committee had noted that section 228 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) prohibits the dismissal of or discrimination against workers by reason of trade union membership or participation in trade union activities, but that section 49 of the Labour Code only provides for the payment of compensation in the event that a contract of employment is terminated without due cause. The Committee therefore requested the Government to indicate the protection granted to workers whose contracts are terminated for reasons of trade union membership or activities. In its last report, the Government indicates in this respect that workers benefit from the protection set out in sections 48, 49 and 252 of the Labour Code. In the light of these provisions, the Committee notes that workers whose contract is terminated without due cause may receive compensation. In this respect, the Committee has always considered that legislation which allows the employer in practice to terminate the employment of a worker on condition that he pay the compensation provided for by law in all cases of unjustified dismissal, when the real motive is trade union membership or activity, is inadequate under the terms of Article 1 of the Convention, the most appropriate measure being reinstatement (see the General Survey of 1994 on freedom of association and collective bargaining, paragraph 220). The Committee therefore once again requests the Government to indicate, firstly, the protection afforded in practice to workers, whose contracts are terminated for reasons of trade union membership or activities and, secondly, to specify the applicable penalties.

Article 2. The Committee had noted that section 229 of the Labour Code obliges employers’ and workers’ organizations to refrain from any act of interference by each other in their establishment, functioning and administration. In this respect, the Committee once again requests the Government to provide information on the manner in which protection is provided against acts of interference by an individual employer.

Article 4. The Committee had requested the Government to specify the measures adopted to encourage and promote machinery for the negotiation of terms and conditions of employment between the public authorities and workers’ organizations, including in public sector enterprises. In its last report, the Government indicates in this respect that it has established a joint commission with the objectives of: (1) examining the social conditions of state employees and officials; (2) examining the problems of these employees that are specific to their services and administrative situations; and (3) regulating trade union activities in the public administration. Finally, the Government adds that public enterprises are under private management and are also governed by the Labour Code. The Committee notes this information and requests the Government to continue to keep it informed in future reports of the measures taken to encourage and promote the negotiation of the terms and conditions of employment between the public authorities and workers’ organizations in this sector.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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 notes the conclusions of the Committee on Freedom of Association with regard to Cases Nos. 1818 and 1833 and Cases Nos. 1905 and 1910, made in November 1995 and June 1997, respectively, which refer to acts of interference by employers in the private sector and by the public authorities and the violation of the right to collective bargaining.

Article 1 of the Convention. The Committee notes that section 228 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) prohibits the dismissal of or discrimination against workers by reason of trade union membership or participation in trade union activities and that section 49 of the Labour Code only provides for the payment of compensation in the event that a contract of employment is terminated without due cause. The Committee requests the Government to indicate the protection granted to workers whose contracts are terminated for reasons of trade union membership or activity.

Article 2. The Committee notes that section 229 of the Labour Code obliges employers’ and workers’ organizations to refrain from acts of interference by each other in their establishment, functioning and administration. In this respect, the Committee again requests the Government to provide information on the protection provided against acts of interference by an individual employer.

Article 4. The Committee takes due note of the examination by the Committee on Freedom of Association of the above cases with regard to the refusal by the public authorities to undertake negotiations with the staff of a public service and the refusal to allow certain representative organizations to participate in a joint commission in the public service and requests the Government to specify the measures adopted to encourage and promote the development and utilization of machinery for negotiations between the public authorities and workers’ organizations, including workers’ organizations in public sector enterprises, to regulate the terms and conditions of employment.

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

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

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 notes the conclusions of the Committee on Freedom of Association with regard to Cases Nos. 1818 and 1833 and Cases Nos. 1905 and 1910, made in November 1995 and June 1997, respectively, which refer to acts of interference by employers in the private sector and by the public authorities and the violation of the right to collective bargaining.

  Article 1 of the Convention.  The Committee notes that section 228 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) prohibits the dismissal of or discrimination against workers by reason of trade union membership or participation in trade union activities and that section 49 of the Labour Code only provides for the payment of compensation in the event that a contract of employment is terminated without due cause. The Committee requests the Government to indicate the protection granted to workers whose contracts are terminated for reasons of trade union membership or activity.

  Article 2.  The Committee notes that section 229 of the Labour Code obliges employers’ and workers’ organizations to refrain from acts of interference by each other in their establishment, functioning and administration. In this respect, the Committee again requests the Government to provide information on the protection provided against acts of interference by an individual employer.

  Article 4.  The Committee takes due note of the examination by the Committee on Freedom of Association of the above cases with regard to the refusal by the public authorities to undertake negotiations with the staff of a public service and the refusal to allow certain representative organizations to participate in a joint commission in the public service and requests the Government to specify the measures adopted to encourage and promote the development and utilization of machinery for negotiations between the public authorities and workers’ organizations, including workers’ organizations in public sector enterprises, to regulate the terms and conditions of employment.

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

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee notes the conclusions of the Committee on Freedom of Association with regard to Cases Nos. 1818 and 1833 and Cases Nos. 1905 and 1910, made in November 1995 and June 1997, respectively, which refer to acts of interference by employers in the private sector and by the public authorities and the violation of the right to collective bargaining. Article 1 of the Convention. The Committee notes that section 228 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) prohibits the dismissal of or discrimination against workers by reason of trade union membership or participation in trade union activities and that section 49 of the Labour Code only provides for the payment of compensation in the event that a contract of employment is terminated without due cause. The Committee requests the Government to indicate the protection granted to workers whose contracts are terminated for reasons of trade union membership or activity. Article 2. The Committee notes that section 229 of the Labour Code obliges employers' and workers' organizations to refrain from acts of interference by each other in their establishment, functioning and administration. In this respect, the Committee again requests the Government to provide information on the protection provided against acts of interference by an individual employer. Article 4. The Committee takes due note of the examination by the Committee on Freedom of Association of the above cases with regard to the refusal by the public authorities to undertake negotiations with the staff of a public service and the refusal to allow certain representative organizations to participate in a joint commission in the public service and requests the Government to specify the measures adopted to encourage and promote the development and utilization of machinery for negotiations between the public authorities and workers' organizations, including workers' organizations in public sector enterprises, to regulate the terms and conditions of employment.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee regrets to note that the Government's report has not been received. Nevertheless, it notes the conclusions of the Committee on Freedom of Association with regard to Cases Nos. 1818 and 1833 and Cases Nos. 1905 and 1910, made in November 1995 and June 1997, respectively, which refer to acts of interference by employers in the private sector and by the public authorities and the violation of the right to collective bargaining. Under these conditions, the Committee is bound to recall its previous comments in respect of the following points.

Article 1 of the Convention. The Committee notes that section 228 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) prohibits the dismissal of or discrimination against workers by reason of trade union membership or participation in trade union activities and that section 49 of the Labour Code only provides for the payment of compensation in the event that a contract of employment is terminated without due cause. The Committee requests the Government to indicate the protection granted to workers whose contracts are terminated for reasons of trade union membership or activity.

Article 2. The Committee notes that section 229 of the Labour Code obliges employers' and workers' organizations to refrain from acts of interference by each other in their establishment, functioning and administration. In this respect, the Committee again requests the Government to provide information on the protection provided against acts of interference by an individual employer.

Article 4. The Committee takes due note of the examination by the Committee on Freedom of Association of the above cases with regard to the refusal by the public authorities to undertake negotiations with the staff of a public service and the refusal to allow certain representative organizations to participate in a joint commission in the public service and requests the Government to specify the measures adopted to encourage and promote the development and utilization of machinery for negotiations between the public authorities and workers' organizations, including workers' organizations in public sector enterprises, to regulate the terms and conditions of employment.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1818 and 1833, approved by the Governing Body in November 1995 and March 1996 respectively. Articles 1 and 2 of the Convention. The Committee notes the information communicated by the Government that sections 228 and 229 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) provide workers with adequate protection against all acts of discrimination liable to hinder freedom of association in respect of their employment and compels workers' and employers' organizations to refrain from any acts of interference by each other in their establishment, functioning or administration. While noting that section 49 of the Labour Code provides that termination without a valid reason of a contract of indeterminate duration gives the worker the right to compensation, the Committee requests the Government once again to provide information on how protection is provided in practice against acts of anti-union discrimination during employment and protection against acts of interference by an individual employer, and, specifically, to supply a copy of any judicial decision handed down in these matters. In addition, the Committee notes with concern that the cases examined by the Committee on Freedom of Association relate, inter alia, to allegations of acts of anti-union discrimination and acts of interference in union activities. Recalling that in its previous reports the Government had indicated that a draft Labour Code was being drawn up, the Committee requests the Government to indicate in its next report whether the Labour Code has been amended and, if so, to send it a copy of the text. Article 4. The Committee notes that the allegations in the aforementioned cases, examined by the Committee on Freedom of Association, relate specifically to the refusal to undertake negotiations with the staff of a public service (Case No. 1833) and the refusal to grant certain representative trade unions access to a joint commission responsible for salary negotiations in the public services in general and the health services in particular (Case No. 1818). The Committee, like the Committee on Freedom of Association, requests the Government to take steps to encourage and promote machinery allowing for the negotiation of conditions of employment between the public authorities and workers' organizations, including in the public sector enterprises. It asks the Government to keep it informed in this regard.

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

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association in Cases Nos. 1818 and 1833, approved by the Governing Body in November 1995 and March 1996 respectively.

Articles 1 and 2 of the Convention. The Committee notes the information communicated by the Government that sections 228 and 229 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) provide workers with adequate protection against all acts of discrimination liable to hinder freedom of association in respect of their employment and compels workers' and employers' organizations to refrain from any acts of interference by each other in their establishment, functioning or administration. While noting that section 49 of the Labour Code provides that termination without a valid reason of a contract of indeterminate duration gives the worker the right to compensation, the Committee requests the Government once again to provide information on how protection is provided in practice against acts of anti-union discrimination during employment and protection against acts of interference by an individual employer, and, specifically, to supply a copy of any judicial decision handed down in these matters.

In addition, the Committee notes with concern that the cases examined by the Committee on Freedom of Association relate, inter alia, to allegations of acts of anti-union discrimination and acts of interference in union activities.

Recalling that in its previous reports the Government had indicated that a draft Labour Code was being drawn up, the Committee requests the Government to indicate in its next report whether the Labour Code has been amended and, if so, to send it a copy of the text.

Article 4. The Committee notes that the allegations in the aforementioned cases, examined by the Committee on Freedom of Association, relate specifically to the refusal to undertake negotiations with the staff of a public service (Case No. 1833) and the refusal to grant certain representative trade unions access to a joint commission responsible for salary negotiations in the public services in general and the health services in particular (Case No. 1818). The Committee, like the Committee on Freedom of Association, requests the Government to take steps to encourage and promote machinery allowing for the negotiation of conditions of employment between the public authorities and workers' organizations, including in the public sector enterprises. It asks the Government to keep it informed in this regard.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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:

1. The Committee notes from the information supplied by the Government in its last report that the draft Code adopted by the National Labour Council contains specific provisions to protect employers' and workers' organizations from acts of interference by each other and provides for a strengthening of the penalties applicable to an employer who commits acts of anti-trade union discrimination in respect of employment. The Committee would be grateful if the Government would supply the text of the revised Labour Code when it has been adopted by the competent authority. 2. In one of its previous comments, the Committee requested the Government to indicate whether the measures taken by the Executive Council to fix the rates of wage increases in public enterprises, to which it referred in a previous report, were still in force. The Government pointed out that the right of free collective bargaining is recognized for these enterprises in accordance with section 266 of the Labour Code and sections 13 and 14 of the National Inter-Occupational Collective Agreement. According to the Government, wage increases in public enterprises are agreed upon through free collective bargaining between employers' organizations (or an individual employer) and workers' organizations on the basis of the minimum wage (SMIG) fixed by order of the President after consultation with the National Labour Council and at the proposal of the Minister concerned. While noting this information, the Committee requests the Government to indicate the measures taken by the Executive Council as regards wages policy and to supply information on the manner in which the collective bargaining process in the public sector is carried out, including the number of collective agreements concluded and specifying the public servants (excluding those engaged in the administration of the State) whose terms and conditions of employment and wages are determined by collective bargaining.

The Committee hopes that the Government will provide the information requested in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that for the third year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the draft Code adopted by the National Labour Council contains specific provisions to protect employers' and workers' organizations from acts of interference by each other and provides for a strengthening of the penalties applicable to an employer who commits acts of anti-trade union discrimination in respect of employment. The Committee would be grateful if the Government would supply the text of the revised Labour Code when it has been adopted by the competent authority. 2. In one of its previous comments, the Committee requested the Government to indicate whether the measures taken by the Executive Council to fix the rates of wage increases in public enterprises, to which it referred in a previous report, were still in force. The Government pointed out that the right of free collective bargaining is recognized for these enterprises in accordance with section 266 of the Labour Code and sections 13 and 14 of the National Inter-Occupational Collective Agreement. According to the Government, wage increases in public enterprises are agreed upon through free collective bargaining between employers' organizations (or an individual employer) and workers' organizations on the basis of the minimum wage (SMIG) fixed by order of the President after consultation with the National Labour Council and at the proposal of the Minister concerned. While noting this information, the Committee requests the Government to indicate the measures taken by the Executive Council as regards wages policy and to supply information on the manner in which the collective bargaining process in the public sector is carried out, including the number of collective agreements concluded and specifying the public servants (excluding those engaged in the administration of the State) whose terms and conditions of employment and wages are determined by collective bargaining.

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

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. With reference to its previous comments, the Committee notes from the information supplied by the Government that the draft Code adopted by the National Labour Council contains specific provisions to protect employers' and workers' organizations from acts of interference by each other and provides for a strengthening of the penalties applicable to an employer who commits acts of anti-trade union discrimination in respect of employment. The Committee would be grateful if the Government would, as it undertook to do in its report, supply the text of the revised Labour Code when it has been adopted by the competent authority. 2. In its previous comment, the Committee requested the Government to indicate whether the measures taken by the Executive Council to fix the rates of wage increases in public enterprises, to which it referred in a previous report, were still in force. In its report, the Government points out that the right of free collective bargaining is recognized for these enterprises in accordance with section 266 of the Labour Code and sections 13 and 14 of the National Inter-Occupational Collective Agreement. According to the Government, wage increases in public enterprises are agreed upon through free collective bargaining between employers' organizations (or an individual employer) and workers' organizations on the basis of the minimum wage (SMIG) fixed by order of the President after consultation with the National Labour Council and at the proposal of the Minister concerned. While noting this information, the Committee requests the Government to indicate the measures taken by the Executive Council during the period covered by its next report as regards wages policy and to supply information on the manner in which the collective bargaining process in the public sector is carried out, including the number of collective agreements concluded and specifying the public servants (excluding those engaged in the administration of the State) whose terms and conditions of employment and wages are determined by collective bargaining.

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

1. With reference to its previous comments, the Committee notes from the information supplied by the Government that the draft Code adopted by the National Labour Council contains practical provisions to protect employers' and workers' organisations from acts of interference by each other and provides for a strengthening of the penalties applicable to an employer who commits acts of anti-trade union discrimination in respect of employment.

The Committee would be grateful if the Government would, as it undertook to do in its report, supply the text of the revised Labour Code when it has been adopted by the competent authority.

2. In its previous comment, the Committee requested the Government to indicate whether the measures taken by the Executive Council to fix the rates of wage increases in public enterprises, to which it referred in a previous report, were still in force.

In its report, the Government points out that the right of free collective bargaining is recognised for these enterprises in accordance with section 266 of the Labour Code and sections 13 and 14 of the National Inter-Occupational Collective Agreement. According to the Government, wage increases in public enterprises are agreed upon through free collective bargaining between employers' organisations (or an individual employer) and workers' organisations on the basis of the minimum wage (SMIG) fixed by order of the President after consultation with the National Labour Council and at the proposal of the Minister concerned.

While noting this information, the Committee requests the Government to indicate the measures taken by the Executive Council during the period covered by its next report as regards wages policy and to supply information on the manner in which the collective bargaining process in the public sector is carried out, including the number of collective agreements concluded and specifying the public servants (excluding those engaged in the administration of the State) whose terms and conditions of employment and wages are determined by collective bargaining.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the Government's report.

The Committee recalls that its previous comments addressed the following points:

- the need to strengthen the legislative provisions ensuring that workers are protected against acts of anti-union discrimination (Article 1 of the Convention);

- the need to complete the provisions concerning the protection of trade union organisations against acts of interference by both employers' organisations and individual employers (Article 2);

- the need to ensure that workers employed in public enterprises, other than those engaged in the administration of the State, may enjoy the right to negotiate their conditions of employment collectively without interference by the public authorities (Articles 4 and 6) since, in its 1986 report, the Government itself admitted that for compelling reasons of national economic interest the Executive Council was obliged to fix the rates of wage increases in public enterprises.

Articles 1 and 2 of the Convention. The Committee takes due note of the assurances given by the Government in its last report to the effect that, as part of the revision of the Labour Code, measures are to be taken to:

- strengthen, by imposing a fine on employers committing acts of discrimination liable to prejudice freedom of association in employment, the provisions protecting such workers; and

- adopt an Order issued by the Commissioner of State for Labour and Social Welfare determining, inter alia, practical measures to ensure protection against acts of interference in the establishment of workers' organisations, committed by individual employers.

While recalling that penal sanctions, by way of fines or imprisonment, are likely to give an adequate protection against acts of discrimination, the Committee trusts that provisions in conformity with the Convention will be adopted in the near future and asks the Government, in its next report, to provide information on the progress made in this regard.

Articles 4 and 6. As regards the fixing of wage increases in public enterprises, in its last report the Government indicates that workers in such enterprises enjoy the right to a free collective bargaining by virtue of section 266 of the Labour Code and sections 13 and 14 of the National Inter-Occupational Collective Agreement (CCINT).

The Committee takes note of these indications but recalls that the fixing of wage increase rates by the authorities runs counter to the principle of free negotiation of conditions of employment contained in Article 4 of the Convention, when such a measure is applied to workers in public enterprises.

The Committee therefore requests the Government to state whether this measure which, according to the information provided previously, was to apply for a limited period has been renewed. If so, it requests the Government to re-examine this procedure and to reinstate the voluntary negotiation machinery provided for in the legislation or, if the economic situation calls for a restrictive wages policy, to endeavour to associate the social partners in this policy through appropriate machinery.

The Committee requests the Government to provide information on measures taken or under consideration to promote the free negotiation of collective agreements in the public enterprise sector.