Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Yemen (Ratification: 1969)

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

See under Convention No. 87, as follows:

A Government representative recalled that in replying to the comments of the Committee of Experts in 1992, the Government had stated that there had been various changes and amendments following unification of the two Yemens. The Constitution of the Republic of Yemen, which was adopted by referendum following the unification, guaranteed to all citizens, without any discrimination, the right to organize trade unions freely and without any constraint. Any infringement of the Constitution, which might be found in previous legislation, would be regarded as unconstitutional and would be repealed. A draft Labour Code had been elaborated in consultation with the Confederation of Chambers of Commerce and Industry and the trade unions which tried to avoid the various defects of the old Labour Code and would be in conformity with the international Conventions ratified by Yemen. However, it had not yet been promulgated for various reasons. The new Parliament which had been elected by free democratic elections on 27 April 1993 had before it a large number of bills intended to replace former labour laws. The Government would keep the ILO informed about new developments in this area. The Government had also requested, through the Regional Adviser on International Labour Standards, technical assistance from the Office in this matter.

The Workers' members recalled that this case had been discussed in this Committee in 1985 and 1991, while in 1986 the Government had failed to appear before the Committee. Stating that this case concerned fundamental Conventions on human rights, the Workers' members expressed great concern over this long-outstanding issue, as well as their disappointment at the reply given by the Government representative. They could not accept the idea that the Government would delay action on a substantial number of points in respect of these Conventions until reformulation of the whole of the Labour Code was achieved. These were not minor points, but serious contraventions concerning questions of guaranteeing the establishment of trade unions without prior authorization, introducing the facility of trade union pluralism, lifting the ban on political activities of trade unions, non-interference of the public authorities in their financial administration, and giving foreign workers the rights to hold trade union office. The existing laws and practices in the country were not in conformity with Conventions Nos. 87 and 98. Unless there was some distinct improvement in the very near future, the Workers would be calling upon this Committee on a subsequent occasion, possibly next year, to underline this case in a special way.

The Employers' members, while fully recognizing issues relating to legislative difficulties, concurred with the Workers' members that this was indeed a serious case with a long history. In 1992 the Government had referred to the draft legislation, but it was not known whether or not this legislation remedied the fundamental problems mentioned by the Workers' members. There had never been a collective bargaining agreement in the country, as envisaged under Convention No. 98. The Employers considered it necessary for the ILO to provide some technical assistance to the Government and to examine the legislative proposals, particularly in view of the fact that the enactment of this legislation was going to take some time.

The Government representative stated that his country was most scrupulous in its respect for human rights. He reiterated that those provisions of the old Labour Code which were not in conformity with the provisions of the new Constitution were de facto null and void. Article 39 of the Constitution guaranteed the right of trade union organization, freedom of association and political rights, which would be further amplified in the new Labour Code. Before the unification of the two Yemens, these provisions had already been in effect in the southern part of the country and the Labour Code had already guaranteed all the rights of organization and the rights of workers to engage in political activity. The Treaty of Unification provided that the most favourable provisions for workers would be implemented following unification and pending the adoption of the new Constitution and the new unified Labour Code. Yemen needed time to elaborate and to implement this unified Labour Code, as well as to repeal many old laws superseded by the new Code. Technical assistance from the ILO was required in all of these legislative activities.

The Committee took note of the oral information provided by the Government representative concerning points under discussion for many years relating to Conventions Nos. 87 and 98. It noted that a draft Labour Code had been elaborated which would resolve the problems raised, and that technical assistance of the Regional Adviser on Standards had been requested. The Committee expressed its deep concern over a series of existing divergences between the current national legislation and the obligations deriving from the Conventions concerning the denial of the right to establish and join trade unions for many categories of workers, the interference of the public authorities in trade union affairs, the possibility of dissolving trade unions by administrative authority, the lack of protection against anti-union discrimination, the lack of protection against undue interference, as well as the absence of adequate provisions to encourage and promote collective bargaining. The Committee urged the Government to proceed rapidly with legislative review taking into account all the points that had been drawn to its attention. Since these matters had been the subject of concern for many years, the Committee trusted that it would be able to note concrete progress of a decisive nature, both in legislation and in practice, in the very near future. The Committee expressed its desire to review this case next year.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

See under Convention No. 87 the discussion which took place in the Committee on the application of Conventions Nos. 87 and 98, as follows:

The Government representative reiterated that the Conventions ratified by both Governments prior to reunification were still in force in the Republic of Yemen. She recognised the importance of the work of the Committee of Experts and confirmed that the Government would take the necessary steps to reply to the Experts' comments as soon as the new labour legislation was adopted. In reference to the Committee of Experts' comments she stated that the Yemeni Constitution guaranteed freedom of association to all citizens. The Government considered that this freedom was a fundamental right for every citizens and would endeavour to ensure observance of these ratified Conventions. She stated that once the new labour legislation was adopted, the Government would be able to guarantee the complete respect and application of these two Conventions.

The Employers' members indicated that the Government representative's statement made it seem as if the problems in this case were not very serious and that it was only a simple matter of resolving a few legislative differences. If one carefully studied the Committee of Experts' report, however, it was clear that there were some fundamental differences between the situation in Yemen and the requirements of Conventions Nos. 87 and 98. They recalled that the last time this case was discussed was in 1985 and that, in 1986, the Government failed to appear before this Committee. The following concerns were at issue: first, the right to organise of public servants and certain agricultural workers who were excluded from the scope of the Labour Cade. Apparently, according to the Committee of Experts' latest report, the problem concerning public servants had been resolved, but the Committee had requested further information to verify the implementation in practice. As concerned agricultural workers, no legislative provisions had been adopted to date to guarantee these workers the right to organise, although the Experts pointed out that agricultural associations existed. Secondly, the need for prior authorisation for the establishment of a trade union was contrary to Article 2 of the Convention. Thirdly, the Committee of Experts' report indicated that a number of provisions of the Yemeni legislation had resulted in a situation of trade union unity, whereas trade union pluralism must be possible under Convention No. 87. The fourth issue concerned the interference by public authorities in trade union activities. The fifth point concerned the prohibition of trade unions to engage in political activities of any kind. While the Employers' members agreed with the Experts' view on this point generally, they questioned the extension of the right to engage in political activities to include political strikes. Finally, there was the issue of the power of the Council of Ministers to dissolve trade unions. Among other things, there must be the possibility for judicial review in the case of dissolution and presently this was not the case. They stated that it was clear that there were serious and fundamental problems with respect to Convention No. 87 which had gone uncorrected for too long. As concerned Convention No. 98, the problem appeared to be that Yemen had no effective laws to guarantee the protection of workers against acts of anti-union discrimination. It was interesting to note that no collective agreement had ever been concluded in Yemen. This demonstrated that there was really no operational collective bargaining system there, notwithstanding the requirements of Convention No. 98. Finally, they noted that the Experts were concerned by the requirement that collective agreements must be registered and could be unilaterally revoked by the Government if they did not conform with the security and economic interests of the country. This was clearly not in conformity with Convention No. 98. They concluded that the Government had a long way to go before it could meet its obligations under both Conventions Nos. 87 and 98.

The Workers' members considered, as the Employers' members, that this Committee was confronted with a very serious case. While it was true that the Committee of Experts hd pointed out two points on which there was improvement (public servants and the Ministerial Decree of 1986), there was nevertheless a whole series of measures which needed to be taken to resolve the other points raised by the Experts and already mentioned by the Employers' members. The Experts had very clearly indicated the points on which measures needed to be taken. This Committee should make a firm request to the Government to take action to bring the legislation into conformity with the two Conventions in question. This request must be very strong as, last year, the same comments were made in reply to the Experts' comments and this gave rise to doubt as to the actual cooperation on the part of the Government to resolve the problems. The Government must, therefore, be very firmly urged to take the necessary measures in the near future.

The Government representative recalled that the new draft labour code did not contain any exception; it applied to all workers, including those in the agricultural sector. She stated that the Constitution guaranteed freedom of association as a fundamental right, even if certain texts did not completly accord this freedom. Trade union pluralism existed and it was authorised by the Government. In regard to Convention No 98, she underlined that she did not believe that there existed any type of anti-union discrimination in her country as section 14 of the labour legislation prohibited all types of discrimination against workers. In regard to the late replies to the Committee of Experts comments, she recalled that it was due to the difficulties encountered following reunification; one million Yemeni workers returned to the country and were reintegrated into the society. Despite that, she assured this Committee that the requested information would be sent as soon as the new legislation was adopted.

The Committee noted with regret the absence of reports from the Government in reply to the comments of the Committee of Experts. It nevertheless took note of the oral information provided by the Government representative as well as of the discussion which took place in the Committee. The Committee noted that the divergence between the legislation and the Convention continued, in particular as regards the serious issues of a single trade union structure set up by legislation, the interference by the public authorities in trade union activities, restrictions on trade union action to support their claims, the administrative dissolution of trade unions and the lack of measures to protect workers from anti-union discrimination. The Committee regretted that the Government has not supplied a specific reply either to the Committee of Experts or to this Committee on those important questions. It firmly hoped that the Government would be in a position to indicate the measures which have been taken or envisaged to bring its legislation and practice into conformity with the requirements of these two essential Conventions as soon as possible and that it will report to the Committee of Experts in this regard next year.

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

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

Repetition

Articles 2 and 3 of the Convention. Protection against anti-union interference. The Committee recalls that, for a number of years, it has been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. The Committee notes that the Government indicates once again that protection against interference for trade union activities is provided under the Labour Code and that it will seek to provide further legal protection when amending the Act on Trade Unions (ATU) in accordance with the Convention. The Committee once again requests the Government to indicate the progress made in this respect, and to provide copies of the amended legislative texts aimed at ensuring full respect for the rights enshrined in the Convention, as soon as they have been adopted.

Article 4. Refusal to register a collective agreement on the basis of consideration of “economic interests of the country”. The Committee recalls that it had previously requested the Government to take the necessary measures to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation, and not on the basis of consideration of “the economic interests of the country”. While the Committee had previously noted that the Government had adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code, the Committee notes the Government’s new indication that it will study the Committee’s views in this respect. The Committee requests once again the Government to take the necessary measures to bring sections 32(6) and 34(2) of the Labour Code into conformity with the Convention.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee once again requests the Government to indicate the legal provisions which guarantee the right to collective bargaining of public servants not engaged in the administration of the State.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

Articles 2 and 3 of the Convention. Protection against anti-union interference. The Committee recalls that, for a number of years, it has been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. The Committee notes that the Government indicates once again that protection against interference for trade union activities is provided under the Labour Code and that it will seek to provide further legal protection when amending the Act on Trade Unions (ATU) in accordance with the Convention.The Committee once again requests the Government to indicate the progress made in this respect, and to provide copies of the amended legislative texts aimed at ensuring full respect for the rights enshrined in the Convention, as soon as they have been adopted.

Article 4. Refusal to register a collective agreement on the basis of consideration of “economic interests of the country”. The Committee recalls that it had previously requested the Government to take the necessary measures to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation, and not on the basis of consideration of “the economic interests of the country”. While the Committee had previously noted that the Government had adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code, the Committee notes the Government’s new indication that it will study the Committee’s views in this respect.The Committee requests once again the Government to take the necessary measures to bring sections 32(6) and 34(2) of the Labour Code into conformity with the Convention.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State.The Committee once again requests the Government to indicate the legal provisions which guarantee the right to collective bargaining of public servants not engaged in the administration of the State.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

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

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

Articles 2 and 3 of the Convention. Protection against anti-union interference. The Committee recalls that, for a number of years, it has been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. The Committee notes that the Government indicates once again that protection against interference for trade union activities is provided under the Labour Code and that it will seek to provide further legal protection when amending the Act on Trade Unions (ATU) in accordance with the Convention. The Committee once again requests the Government to indicate the progress made in this respect, and to provide copies of the amended legislative texts aimed at ensuring full respect for the rights enshrined in the Convention, as soon as they have been adopted.

Article 4. Refusal to register a collective agreement on the basis of consideration of “economic interests of the country”. The Committee recalls that it had previously requested the Government to take the necessary measures to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation, and not on the basis of consideration of “the economic interests of the country”. While the Committee had previously noted that the Government had adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code, the Committee notes the Government’s new indication that it will study the Committee’s views in this respect. The Committee requests once again the Government to take the necessary measures to bring sections 32(6) and 34(2) of the Labour Code into conformity with the Convention.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. The Committee once again requests the Government to indicate the legal provisions which guarantee the right to collective bargaining of public servants not engaged in the administration of the State.

While acknowledging the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country, the Committee trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2012. 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 of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 2 and 3 of the Convention. Protection against anti-union practices. While noting that the legislation provides for adequate protection against interference, the Committee recalls that for a number of years it has been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. The Committee had noted that draft legislative amendments to the Labour Code were under way and that the Government would endeavour to add provisions on penal responsibility of employers committing acts of interference in trade union affairs in order to bring the legislation into conformity with the Convention. The Committee notes the Government’s indication that the comments of the Committee would be taken into account when making amendments to the Act on Trade Unions and supplementing the Penal Code. The Committee once again requests the Government to indicate the progress made in this respect, and to provide copies of the amended legislative texts aimed at ensuring full respect for the rights enshrined in the Convention, as soon as they have been adopted.

Article 4. Refusal to register a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to take the necessary measures to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation, and not on the basis of consideration of “the economic interests of the country”. The Committee had previously noted that the Government reiterated that it had adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code. The Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation and once again requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

Collective bargaining in practice. The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 31 July 2012, alleging notably that, in both the private and public sectors, many trade unions are not allowed to negotiate collective agreements. The Committee requests the Government to communicate its observations thereon.

In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country and it had noted the Government’s indication that the requested statistics on collective bargaining were available and would be sent in its subsequent reports. While noting that according to the Government trade unions exist in the public sector and that in the private sector trade unions have been established in certain institutions, the Committee expresses once again the firm hope that the Government will provide the statistics requested in its next report or at least the information available.

Finally, the Committee requests the Government to indicate the legal provisions which guarantee the right to collective bargaining of public servants not engaged in the administration of the State.

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

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

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

Repetition

Articles 2 and 3 of the Convention. Protection against anti-union practices. While noting that the legislation provides for adequate protection against interference, the Committee recalls that for a number of years it has been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. The Committee had noted that draft legislative amendments to the Labour Code were under way and that the Government would endeavour to add provisions on penal responsibility of employers committing acts of interference in trade union affairs in order to bring the legislation into conformity with the Convention. The Committee notes the Government’s indication that the comments of the Committee would be taken into account when making amendments to the Act on Trade Unions and supplementing the Penal Code. The Committee once again requests the Government to indicate the progress made in this respect, and to provide copies of the amended legislative texts aimed at ensuring full respect for the rights enshrined in the Convention, as soon as they have been adopted.

Article 4. Refusal to register a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to take the necessary measures to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation, and not on the basis of consideration of “the economic interests of the country”. The Committee had previously noted that the Government reiterated that it had adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code. The Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation and once again requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

Collective bargaining in practice. The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 31 July 2012, alleging notably that, in both the private and public sectors, many trade unions are not allowed to negotiate collective agreements. The Committee requests the Government to communicate its observations thereon.

In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country and it had noted the Government’s indication that the requested statistics on collective bargaining were available and would be sent in its subsequent reports. While noting that according to the Government trade unions exist in the public sector and that in the private sector trade unions have been established in certain institutions, the Committee expresses once again the firm hope that the Government will provide the statistics requested in its next report or at least the information available.

Finally, the Committee requests the Government to indicate the legal provisions which guarantee the right to collective bargaining of public servants not engaged in the administration of the State.

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

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation.

Repetition

Articles 2 and 3 of the Convention. Protection against anti-union practices. While noting that the legislation provides for adequate protection against interference, the Committee recalls that for a number of years it has been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. The Committee had noted that draft legislative amendments to the Labour Code were under way and that the Government would endeavour to add provisions on penal responsibility of employers committing acts of interference in trade union affairs in order to bring the legislation into conformity with the Convention. The Committee notes the Government’s indication that the comments of the Committee would be taken into account when making amendments to the Act on Trade Unions and supplementing the Penal Code. The Committee once again requests the Government to indicate the progress made in this respect, and to provide copies of the amended legislative texts aimed at ensuring full respect for the rights enshrined in the Convention, as soon as they have been adopted.

Article 4. Refusal to register a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to take the necessary measures to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation, and not on the basis of consideration of “the economic interests of the country”. The Committee had previously noted that the Government reiterated that it had adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code. The Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation and once again requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

Collective bargaining in practice. The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 31 July 2012, alleging notably that, in both the private and public sectors, many trade unions are not allowed to negotiate collective agreements. The Committee requests the Government to communicate its observations thereon.

In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country and it had noted the Government’s indication that the requested statistics on collective bargaining were available and would be sent in its subsequent reports. While noting that according to the Government trade unions exist in the public sector and that in the private sector trade unions have been established in certain institutions, the Committee expresses once again the firm hope that the Government will provide the statistics requested in its next report or at least the information available.

Finally, the Committee requests the Government to indicate the legal provisions which guarantee the right to collective bargaining of public servants not engaged in the administration of the State.

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

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

Articles 2 and 3 of the Convention. Protection against anti-union practices. While noting that the legislation provides for adequate protection against interference, the Committee recalls that for a number of years it has been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. The Committee had noted that draft legislative amendments to the Labour Code were under way and that the Government would endeavour to add provisions on penal responsibility of employers committing acts of interference in trade union affairs in order to bring the legislation into conformity with the Convention. The Committee notes the Government’s indication that the comments of the Committee would be taken into account when making amendments to the Act on Trade Unions and supplementing the Penal Code. The Committee once again requests the Government to indicate the progress made in this respect, and to provide copies of the amended legislative texts aimed at ensuring full respect for the rights enshrined in the Convention, as soon as they have been adopted.

Article 4. Refusal to register a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation, and not on the basis of consideration of “the economic interests of the country”. The Committee had previously noted that the Government reiterated that it had adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code. The Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation and once again requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

Collective bargaining in practice. The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in its communication dated 31 July 2012, alleging notably that, in both the private and public sectors, many trade unions are not allowed to negotiate collective agreements. The Committee requests the Government to communicate its observations thereon.

In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country and it had noted the Government’s indication that the requested statistics on collective bargaining were available and would be sent in its subsequent reports. While noting that according to the Government trade unions exist in the public sector and that in the private sector trade unions have been established in certain institutions, the Committee expresses once again the firm hope that the Government will provide the statistics requested in its next report or at least the information available.

Finally, the Committee requests the Government to indicate the legal provisions which guarantee the right to collective bargaining of public servants not engaged in the administration of the State.

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

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:

Repetition

Comments of the International Trade Union Confederation (ITUC). The Committee notes the comments submitted by the ITUC in its communication dated 24 August 2010. The Committee requests the Government to communicate its observations thereon.

Articles 1, 2 and 3 of the Convention. Protection against anti-union practices. The Committee recalls that for a number of years it had been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. In its last observation, the Committee had noted the Government’s indication that: (i) the process of formulating the new draft legislative amendments to the Labour Code was under way and that it would endeavour to add provisions on penal responsibility of employers committing acts of anti-union discrimination and interference in trade union affairs in order to bring the legislation into conformity with the Convention; and (ii) the Committee’s observation would be taken into account when making amendments to the Law on Trade Unions and supplementing the Penal Code. However, no information regarding the amendments to the Law on Trade Unions or Penal Code was provided in the Government’s report. Therefore, the Committee once again requests the Government to indicate the progress made in this respect and to provide a copy of the amended legislative texts aimed at ensuring full respect for the rights covered under the Convention as soon as they have been adopted.

Article 4. Power granted to the Ministry of Labour to refuse registration of a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation and not on the basis of consideration of “the economic interests of the country”. The Committee had previously noted: (i) that the Government reiterates that it has adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code; and (ii) that the Labour Code was being revised by the Ministry of Legal Affairs before being submitted to the Council of Ministers and to the Parliament. The Committee notes that the Government once again reiterates that the Labour Code is currently being revised by the Ministry of Legal Affairs before being submitted to the Council of Ministers and to the Parliament. The Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation and once again requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

Collective bargaining in practice. In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country and it had noted the Government’s indication that the requested statistics on collective bargaining were available and would be sent in its subsequent reports. While noting that according to the Government, trade unions exist in the public sector and that in the private sector, trade unions have been recently established in certain institutions, the Committee expresses the firm hope that the Government will provide the statistics requested together with its next report or at least the information available.

The Committee notes that the Government denies the ITUC’s assertion according to which the Ministry of Labour revokes collective agreements and that according to the Government, there is not the slightest evidence given for it.

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

The Committee notes the ITUC comments on a serious situation of 4 August 2011 and requests the Government to provide its reply as a matter of urgency.

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

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

Comments of the International Trade Union Confederation (ITUC). The Committee notes the comments submitted by the ITUC in its communication dated 24 August 2010. The Committee requests the Government to communicate its observations thereon.

Articles 1, 2 and 3 of the Convention. Protection against anti-union practices. The Committee recalls that for a number of years it had been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. In its last observation, the Committee had noted the Government’s indication that: (i) the process of formulating the new draft legislative amendments to the Labour Code was under way and that it would endeavour to add provisions on penal responsibility of employers committing acts of anti-union discrimination and interference in trade union affairs in order to bring the legislation into conformity with the Convention; and (ii) the Committee’s observation would be taken into account when making amendments to the Law on Trade Unions and supplementing the Penal Code. However, no information regarding the amendments to the Law on Trade Unions or Penal Code was provided in the Government’s report. Therefore, the Committee once again requests the Government to indicate the progress made in this respect and to provide a copy of the amended legislative texts as soon as they have been adopted.

Article 4. Power granted to the Ministry of Labour to refuse registration of a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation and not on the basis of consideration of “the economic interests of the country”. The Committee had previously noted: (i) that the Government reiterates that it has adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code; and (ii) that the Labour Code was being revised by the Ministry of Legal Affairs before being submitted to the Council of Ministers and to the Parliament. The Committee notes that the Government once again reiterates that the Labour Code is currently being revised by the Ministry of Legal Affairs before being submitted to the Council of Ministers and to the Parliament. The Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation and once again requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

Collective bargaining in practice. In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country and it had noted the Government’s indication that the requested statistics on collective bargaining were available and would be sent in its subsequent reports. While noting that according to the Government, trade unions exist in the public sector and that in the private sector, trade unions have been recently established in certain institutions, the Committee expresses the firm hope that the Government will provide the statistics requested together with its next report or at least the information available.

Finally, the Committee notes that the Government denies the ITUC’s assertion according to which the Ministry of Labour revokes collective agreements and that according to the Government, there is not the slightest evidence given for it.

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

Comments of the International Trade Union Confederation (ITUC). The Committee notes the comments submitted by the ITUC in its communication dated 29 August 2008 and requests the Government to communicate its observations thereon.

Articles 1, 2 and 3 of the Convention. Protection against anti-union practices. The Committee recalls that for a number of years it had been requesting the Government to ensure that effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations in trade union activities are expressly provided for in the national legislation. In its last observation, the Committee had noted the process of formulating the new draft legislative amendments to the Labour Code. It had further noted the Government’s indication that it would endeavour to add provisions on penal responsibility of employers committing acts of anti-union discrimination and interference in trade union affairs in order to bring the legislation into conformity with the Convention. The Committee notes that in its report, the Government reiterates its previous statement and adds that the Committee’s observation will be taken into account when making amendments to the Law on Trade Unions and supplementing the Penal Code. The Committee requests the Government to indicate the progress made in this respect and to provide a copy of the amended legislative texts as soon as they have been adopted.

Article 4 of the Convention. Power granted to the Ministry of Labour to refuse registration of a collective agreement on the basis of consideration of “economic interests of the country”. The Committee had previously requested the Government to amend sections 32(6) and 34(2) of the Labour Code so as to ensure that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation and not on the basis of consideration of “the economic interests of the country”. The Committee notes that the Government reiterates that it has adopted the Committee’s proposal with regard to the amendment of the abovementioned section of the Labour Code. The Committee further notes the Government’s indication that the Labour Code is being revised by the Ministry of Legal Affairs before being submitted to the Council of Ministers and to the Parliament. Noting that the process of formulating the draft legislative amendments appears to be going in the right direction, the Committee trusts that the legislative amendments requested in its previous observations will be fully reflected in the new legislation. The Committee requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country. The Committee notes the Government’s indication that the requested statistics on collective bargaining are now available and will be sent in its subsequent reports. The Committee expresses the firm hope that the Government will provide these statistics together with its next report.

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

The Committee takes note of the Government’s report.

1. Comments of the International Confederation of Free Trade Unions (ICFTU). The Committee further notes the observations submitted by the ICFTU in its communication dated 10 August 2006 with regard to the power of veto that the Ministry of Labour can use to annul collective agreements, as well as the acts of anti-union discrimination, particularly in the private sector, and refusals of employers to bargain collectively in practice. The ICFTU also states that under the draft Labour Code, civil servants are excluded from joining trade unions. The Committee requests the Government to communicate its observations on these comments in its next report.

2. Articles 2 and 4 of the Convention. The Committee recalls that its previous observation concerned the following legislative issues:

–      the need to provide for effective and sufficiently dissuasive sanctions that guarantee the protection of workers’ organizations against acts of interference by employers or their organizations;

–      the need to amend sections 32(6) and 34(2) of the Labour Code, so that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation and not on the basis of consideration of “economic interests of the country”.

The Committee further requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country.

The Committee notes the Government’s indication that the International Labour Office provided technical cooperation on the amendment of the Labour Code. The draft law was prepared with the help of the ILO specialist and an initial workshop was organized for its discussion. In addition to the comments on the draft law made by the International Labour Standards Department, the Ministry of Labour had also received comments made by the social partners. The Government states that it was currently awaiting the completion of the subsequent phase agreed upon by the Ministry of Labour and the ILO regarding the organization of a second and final tripartite workshop for the discussion of the draft amendment and the comments made by the Office. Once the final version of the draft, which would take into account the ILO’s comments and the discussion at the tripartite workshop, is prepared with the help of an ILO specialist, the Government would transmit a copy thereof to the Committee and would take the necessary measures for its submission to the competent authority for promulgation.

The Government informs that it shall endeavour to add provisions to the Labour Code on penal responsibility of employers committing acts of anti-union discrimination in order to bring the legislation into conformity with the Convention and the observations of the Committee. With regard to the specific legislative amendments previously requested by the Committee, the Government furthers states that it will also take into account the comments made by the Committee on the need to provide for effective and sufficiently dissuasive sanctions to guarantee the protection of workers’ organizations against acts of interference by employers or their organizations, as well as on the need to amend sections 32(6) and 34(2) of the Labour Code so that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation. The Committee notes with interest these statements of political will of the Government to overcome the current problems with regard to the conformity of the legislation with the Conventions and the measures taken to this effect.

While noting that the process of formulating the draft legislative amendments appears to be going in the right direction, the Committee trusts that its previous observations will be fully reflected in the new legislation. The Committee requests the Government to provide a copy of the draft Labour Code as soon as the final version of it is available.

In its previous comments, the Committee had requested the Government to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country. As in its previous comment, the Government reiterates that the information and statistics on collective bargaining are not available. The Committee once again expresses the firm hope that the Government will be able to provide it with these statistics together with its next report.

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

The Committee takes note of the Government’s report. It also takes note of the entry into force of Act No. 35 of 2002 on the organization of trade unions.

Article 1 of the Convention. In its previous comments, the Committee noted that the Trade Union Bill did not include specific provisions accompanied by effective and sufficiently dissuasive sanctions that guaranteed the protection of workers against acts of anti-union discrimination by employers, and it requested the Government to amend the Bill to ensure such protection.

The Committee notes with satisfaction that section 8 of Act No. 35 of 2002 provides that no person may be coerced into joining or withdrawing from an organization or from exercising their trade union rights and that section 10 prohibits any anti-union act, including dismissal, for trade union activities or membership. The Committee also notes that section 89 of the Labour Code specifies the duties of the employer (namely the obligation to respect the Labour Code) and that section 154 establishes prison sentences (not exceeding three months) or fines (not exceeding 20,000 riyals) for infringements of section 89.

Article 2. In its previous comments, the Committee also urged the Government to ensure that the Trade Union Bill contained provisions for rapid appeal procedures, together with effective and dissuasive sanctions to protect workers’ organizations against acts of interference by employers. The Committee notes that section 8 of Act No. 35 prohibits direct and indirect interference in the functioning of trade union organizations and that section 56 specifies the prohibition of any person trying to influence the freedom and neutrality of elections, whether directly or indirectly, or threaten, mistreat or defame a nominee or a trade union. Any person found guilty of committing any of the previous acts shall be punished by penalties according to the laws that are in force. In this respect, the Government refers to the Act on general elections No. 27 of 1996, and amendments made thereto issued by Act No. 27 of 1999. However, the Committee notes that Act No. 35 of 2002 does not contain specific sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations. The Committee requests the Government to provide further information on any sanctions established against acts of interference prohibited in the legislation.

Article 4. (a) In its previous comments, the Committee had requested the Government to further promote collective bargaining and to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country. The Government indicates in its report that it was not able to obtain any statistics in this respect. The Committee expresses the firm hope that the Government will be able to provide it with these statistics together with its next report.

(b) The Committee had also requested the Government to amend sections 32(6) and 34(2) of the Labour Code so that refusal to register a collective agreement would be possible only due to a procedural flaw or because it did not conform to the minimum standards laid down by the labour legislation. The Government indicates in its last report that there are proposed amendments to the Labour Code. The Committee notes the Government’s statement and expresses the hope that sections 32(6) and 34(2) of the Labour Code will be amended in the very near future so that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation.

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

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

Article 1 of the Convention. In its previous comments, the Committee had noted that the draft Trade Union Act did not include specific provisions accompanied by effective and sufficiently dissuasive sanctions that guaranteed the protection of workers against acts of anti-union discrimination by employers, and had requested the Government to amend the draft Act to ensure such protection. The Government indicates in its report that the draft Trade Union Act has been referred to Parliament. The Committee also notes the Government’s statement that prior to the discussion of the Act in Parliament, it shall be discussed by the Labour Force Committee and social partners, at which moment the Committee’s observations shall be brought to their attention. The Committee requests the Government to ensure that the reformulated draft Trade Union Act guarantees the protection of workers against all acts of anti-union discrimination by employers.

Article 2. In its previous comments, the Committee had urged the Government to ensure that the draft Trade Union Act contained provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions to protect workers’ organizations against acts of interference by employers. In its report, the Government indicates that section 8 of the draft Trade Union Act prohibits direct and indirect interference in the functioning of trade union organizations, and that no person may be coerced into joining or withdrawing from an organization or from exercising their trade union rights. The Government also indicates that section 136(4) of the Labour Code provides that all cases relating to labour matters shall be considered urgent, and that according to section 136(1) of the Labour Code, litigating parties wishing to appeal an award of the Arbitration Committee may submit a petition for an appeal to the Labour Division of the competent Court of Appeal within one month of the notification of the award. Furthermore, the Government indicates that it will make every effort to include the penalties provided for under Article 2 of the Convention in the draft Trade Union Act during discussions between the Labour Force Committee and social partners. The Committee notes the Government’s statement and recalls the need to adopt specific provisions accompanied by sufficiently effective and dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations. The Committee requests the Government to ensure that the draft Trade Union Act will contain such provisions.

Article 4. (a) In its previous comments, the Committee had requested the Government to further promote collective bargaining and to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country. The Government indicates in its report that it will try to gather more statistics and will forward them to the Committee. The Committee expresses the firm hope that the Government will provide it with these statistics in the very near future.

(b) In its previous comments, the Committee had also requested the Government to amend sections 32(6) and 34(2) of the Labour Code so that refusal to register a collective agreement would be possible only due to a procedural flaw or because it did not conform to the minimum standards laid down by the labour legislation. The Government indicates in its report that it will endeavour to reformulate the provisions in order to put them in line with the Convention after consultation with social partners. The Committee notes the Government’s statement and requests the Government to ensure that sections 32(6) and 34(2) of the Labour Code are amended so that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation.

The Committee requests the Government to keep it informed of developments regarding all the abovementioned points.

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

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

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. In its previous comments, the Committee had noted that the draft Trade Union Act did not include specific provisions accompanied by effective and sufficiently dissuasive sanctions that guaranteed the protection of workers against acts of anti-union discrimination by employers, and had requested the Government to amend the draft Act to ensure such protection. The Government indicates in its report that the draft Trade Union Act has been referred to Parliament. The Committee also notes the Government’s statement that prior to the discussion of the Act in Parliament, it shall be discussed by the Labour Force Committee and social partners, at which moment the Committee’s observations shall be brought to their attention. The Committee requests the Government to ensure that the reformulated draft Trade Union Act guarantees the protection of workers against all acts of anti-union discrimination by employers.

Article 2. In its previous comments, the Committee had urged the Government to ensure that the draft Trade Union Act contained provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions to protect workers’ organizations against acts of interference by employers. In its report, the Government indicates that section 8 of the draft Trade Union Act prohibits direct and indirect interference in the functioning of trade union organizations, and that no person may be coerced into joining or withdrawing from an organization or from exercising their trade union rights. The Government also indicates that section 136(4) of the Labour Code provides that all cases relating to labour matters shall be considered urgent, and that according to section 136(1) of the Labour Code, litigating parties wishing to appeal an award of the Arbitration Committee may submit a petition for an appeal to the Labour Division of the competent Court of Appeal within one month of the notification of the award. Furthermore, the Government indicates that it will make every effort to include the penalties provided for under Article 2 of the Convention in the draft Trade Union Act during discussions between the Labour Force Committee and social partners. The Committee notes the Government’s statement and recalls the need to adopt specific provisions accompanied by sufficiently effective and dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations. The Committee requests the Government to ensure that the draft Trade Union Act will contain such provisions.

Article 4. (a) In its previous comments, the Committee had requested the Government to further promote collective bargaining and to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country. The Government indicates in its report that it will try to gather more statistics and will forward them to the Committee. The Committee expresses the firm hope that the Government will provide it with these statistics in the very near future.

(b) In its previous comments, the Committee had also requested the Government to amend sections 32(6) and 34(2) of the Labour Code so that refusal to register a collective agreement would be possible only due to a procedural flaw or because it did not conform to the minimum standards laid down by the labour legislation. The Government indicates in its report that it will endeavour to reformulate the provisions in order to put them in line with the Convention after consultation with social partners. The Committee notes the Government’s statement and requests the Government to ensure that sections 32(6) and 34(2) of the Labour Code are amended so that refusal to register a collective agreement is only possible due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation.

The Committee requests the Government to keep it informed of developments regarding all the abovementioned points.

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

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention.  Protection against anti-union discrimination.  The Committee has previously commented on the need for specific provisions, accompanied by effective and sufficiently dissuasive sanctions, to guarantee the protection of workers against any act of anti-union discrimination by employers both at the time of taking up employment and in the course of employment. The Government states in its report that the draft Trade Union Act does not include specific provisions accompanied by effective and sufficiently dissuasive sanctions which guarantee the protection of workers against any act of anti-union discrimination by employers and adds that the Committee’s observation will be taken into consideration when amending the draft Trade Union Act. The Committee recalls that the protection afforded to workers and trade union officials against acts of anti-union discrimination constitutes an essential aspect of the Convention and urges the Government to amend the draft Trade Union Act to ensure such protection. The Committee requests that the Government indicate the progress of the draft Act through the legislative process and any amendments made thereto.

Article 2.  Protection of workers’ organizations against acts of interference by employers.  The Committee regrets that the Government does not provide any information on this matter, which has been raised by the Committee since 1985. The Committee recalls that national legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application of Article 2 of the Convention. Moreover, to ensure that these measures receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down these substantive provisions, as well as appeals and sanctions in order to guarantee their application (see General Survey on freedom of association and collective bargaining, 1994, paragraph 232). The Committee urges the Government to make every effort to ensure that the draft Trade Union Act will contain such provisions in the near future.

Article 4.  Voluntary negotiation of collective agreements.  The Committee takes due note of the information provided in the Government’s report to the effect that a few collective bargaining negotiations were held from 1996 to 1999 in view of the Government’s encouragement of collective bargaining and pursuant to the provisions of the Labour Code. According to the Government, these negotiations provided an impetus for a reinforcement of placement and increasing workers’ protection in the various sectors and fields such as oil, fishing, transport, telecommunications, electricity, aviation, health, universities, ship basins, the port of Aden, teaching, red sea mills, the port of Al-Hadida, and the cement industry. During this period, 15 collective agreements were concluded, and the number of workers covered reached 38,000. The Committee asks the Government to further promote collective bargaining and to provide statistics on the number of workers covered by collective agreements in comparison with the total number of workers in the country.

With reference to its previous observation, the Committee notes that section 34(2) of the Labour Code provides for the compulsory revision and registration of collective agreements and section 32(6) stipulates that a collective agreement shall be invalid if any of its terms is "… likely to cause a breach of security or to damage the economic interests of the country …". The Government states that the registration at the Ministry of Labour and Vocational Training is required so as to protect past and subsequent workers or prohibit any violation of the criteria relating to minimum standards laid out in the Labour Code. The Government underscores that the purpose of section 32(6) of the Labour Code does not lie in constraining the freedom of the partners to negotiate collective agreements; rather, it aims to highlight that freedom must be exercised within its scope, the reason being that trade union awareness and collective bargaining are still quite recent and are still in the early phases of development. While noting the Government’s explanation, the Committee points out that the legislation goes beyond ensuring respect of legal minimum standards. In this context, it recalls that legislation that allows the authorities full discretion to deny approval based on criteria such as compatibility with general or economic policy of the Government, in fact makes the entry into force of the collective agreement subject to prior approval, which is a violation of the principle of autonomy of the parties (see General Survey, op. cit., paragraph 251). The Committee requests that the Government amend sections 32(6) and 34(2) so that refusal to register a collective agreement is possible only due to a procedural flaw or because it does not conform to the minimum standards laid down by the labour legislation.

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:

1. The need to adopt specific provisions, accompanied by effective and sufficiently dissuasive sanctions, to guarantee the protection of workers against any act of anti-union discrimination by employers and the protection of workers' organizations against acts of interference by employers. The Government had referred to various provisions of the draft Trade Unions Act which would guarantee such protection, in conformity with Articles 1 and 2 of the Convention. The Committee firmly hopes that the draft Trade Unions Act will be adopted shortly and requests the Government to send a copy thereof as soon as it is adopted. 2. The need to adopt appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements. The Committee requests the Government to supply information concerning the extent of collective bargaining in practice, i.e. the number of collective agreements concluded, the sectors covered, the number of workers covered, etc. 3. With regard to the Committee's previous comments on the need to amend sections 68, 69 and 71 of the Labour Code of 1970 which governed the compulsory registration of collective agreements and the possibility of their cancellation in the event that they did not conform with the security and/or economic interests of the country, the Government indicates that Act No. 5 of 1970 was repealed by the new Labour Code, Act No. 5 of 1995, as amended by Act No. 25 of 1997. The Committee notes that section 34(2) of the new Labour Code provides for the compulsory registration of collective agreements, and that section 32(6) of the new Labour Code stipulates that a collective agreement shall be invalid if any of its terms is "likely to cause a breach of security or to damage the economic interests of the country ...". Since this provision makes a collective agreement subject to prior approval before it can enter into force, or allows the agreement to be cancelled on the grounds that it runs counter to the Government's security and/or economic interests, the Committee considers it to be contrary to Article 4 of the Convention and requests the Government to take the necessary measures to amend it so that refusal to register a collective agreement is possible only due to a procedural flaw or because it does not conform to the minimum standards laid down by labour legislation. The Committee requests the Government to keep it informed of any developments in this regard.

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

The Committee notes the information supplied by the Government in its report.

1. With regard to the Committee's previous comments on the need to adopt specific provisions, accompanied by effective and sufficiently dissuasive sanctions, to guarantee the protection of workers against any act of anti-union discrimination by employers and the protection of workers' organizations against acts of interference by employers, the Government refers to various provisions of the draft Trade Unions Act which would guarantee such protection, in conformity with Articles 1 and 2 of the Convention.

The Committee firmly hopes that the draft Trade Unions Act will be adopted shortly and requests the Government to send a copy thereof as soon as it is adopted.

2. With reference to its previous comments on the need to adopt appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements, the Committee notes with interest that section 32 of the new Labour Code (No. 25 of 1997) stipulates that: "The union committee or workers' representatives shall collectively discuss, agree upon and sign the draft collective agreement at a general meeting of the workers and on their behalf. Such agreement shall be binding upon all the workers. Any collective agreement not collectively discussed with the workers shall be invalid" (subsection 2) and that "it shall be forbidden to conclude an individual contract of employment with terms at variance with those of a collective agreement in respect of work covered by the said collective agreement" (subsection 4(a)). The Committee further notes that employers and the union committees or general union representing workers in more than one workplace may conclude a common collective agreement (section 33(1)) and that employers and union committees that are not parties to such agreement may accede to it (section 33(2)). The Committee requests the Government to keep it informed of the application in practice of these provisions, i.e. the number of collective agreements concluded, the sectors covered, the number of workers covered, etc.

3. With regard to the Committee's previous comments on the need to amend sections 68, 69 and 71 of the Labour Code of 1970 which governed the compulsory registration of collective agreements and the possibility of their cancellation in the event that they did not conform with the security and/or economic interests of the country, the Government indicates that Act No. 5 of 1970 was repealed by the new Labour Code, Act No. 5 of 1995, as amended by Act No. 25 of 1997.

The Committee notes that section 34(2) of the new Labour Code provides for the compulsory registration of collective agreements. The Committee recalls that provisions of this kind are compatible with the Convention, provided they merely stipulate that approval may be refused if the collective agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation. On the other hand, if legislation allows the authorities full discretion to deny approval or stipulates that approval must be based on criteria such as compatibility with general or economic policy of the Government, it in fact makes the entry into force of the collective agreement subject to prior approval, which is a violation of the principle of autonomy of the parties (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 251). In this respect, the Committee notes that section 32(6) of the new Labour Code stipulates that a collective agreement shall be invalid if any of its terms is "likely to cause a breach of security or to damage the economic interests of the country ...". Since this provision makes a collective agreement subject to prior approval before it can enter into force, or allows the agreement to be cancelled on the grounds that it runs counter to the Government's security and/or economic interests, the Committee considers it to be contrary to Article 4 of the Convention and requests the Government to take the necessary measures to amend it in line with the principles enunciated above. The Committee requests the Government to keep it informed of any developments in this regard.

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 with regret that, despite the assurances given by the Government in previous reports and to the Conference Committee in June 1993 that it was undertaking a revision of the national legislation with a view to bringing it into conformity with the requirements of the Convention, the Government confines itself to repeating the information provided previously that the draft texts of the new Labour Code and a Bill respecting trade unions contain provisions to give effect to the Convention. In these circumstances, the Committee is bound yet again to recall that its comments have dealt with the following points: (a) the need to adopt specific and appropriate provisions, accompanied by effective and sufficiently dissuasive sanctions, to guarantee explicitly the protection of workers against any act of anti-union discrimination by employers, both at the time of recruitment and during employment, and the protection of workers' organizations against acts of interference by employers, contrary to Articles 1 and 2 of the Convention; (b) the need to adopt appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements; and (c) the need to amend the provisions governing the compulsory registration of collective agreements and the possibility of their cancellation in the event that they do not conform with the security and/or economic interests of the country (sections 68, 69 and 71 of the Labour Code of 1970). The Committee firmly hopes that the Government will make every effort to ensure that the new Labour Code, the draft text of which was prepared with the technical assistance of the ILO, as well as the new Bill respecting trade unions, will be adopted in the very near future, so that its legislation can be brought into conformity with the requirements of the Convention. It recalls that the technical assistance of the ILO is at its disposal and requests the Government to indicate clearly in its next report at what stage of adoption the two above-mentioned draft texts find themselves to be (i.e. awaiting parliamentary debate or approval, or alternatively approval from the Executive or promulgation by the President).

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 information supplied by the Government in its report.

The Committee notes with regret that, despite the assurances given by the Government in previous reports and to the Conference Committee in June 1993 that it was undertaking a revision of the national legislation with a view to bringing it into conformity with the requirements of the Convention, the Government confines itself in its report to repeating the information provided previously that the draft texts of the new Labour Code and a Bill respecting trade unions contain provisions to give effect to the Convention.

In these circumstances, the Committee is bound yet again to recall that its comments have dealt with the following points:

(a) the need to adopt specific and appropriate provisions, accompanied by effective and sufficiently dissuasive sanctions, to guarantee explicitly the protection of workers against any act of anti-union discrimination by employers, both at the time of recruitment and during employment, and the protection of workers' organizations against acts of interference by employers, contrary to Articles 1 and 2 of the Convention;

(b) the need to adopt appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements; and

(c) the need to amend the provisions governing the compulsory registration of collective agreements and the possibility of their cancellation in the event that they do not conform with the security and/or economic interests of the country (sections 68, 69 and 71 of the Labour Code of 1970).

The Committee firmly hopes that the Government will make every effort to ensure that the new Labour Code, the draft text of which was prepared with the technical assistance of the ILO, as well as the new Bill respecting trade unions, will be adopted in the very near future, so that its legislation can be brought into conformity with the requirements of the Convention. It recalls that the technical assistance of the ILO is at its disposal and requests the Government to indicate clearly in its next report at what stage of adoption the two above-mentioned draft texts find themselves to be (i.e. awaiting parliamentary debate or approval, or alternatively approval from the Executive or promulgation by the President).

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

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 recalls that for several years its comments have dealt with the following points: (a) the absence of specific and appropriate provisions, combined with effective and sufficiently dissuasive sanctions, to guarantee explicitly the protection of workers against any act of discrimination by employers, both at the time of recruitment and during employment, and the protection of workers' organizations against acts of interference by employers, contrary to Articles 1 and 2 of the Convention. (b) the absence of appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements, and the compulsory registration of collective agreements and the possibility of their cancellation in the event that they do not conform with the security and economic interests of the country (sections 68, 69 and 71 of the Labour Code), contrary to Article 4 of the Convention, under which it is the responsibility of the Government to establish the appropriate procedures to associate the social partners on a voluntary basis in the determination of the Government's social and economic policy, and by virtue of which collective bargaining shall also be free and may not be subject to legal restrictions. The Committee expresses the firm hope that the Government will be able to supply information in its next report on the measures which have actually been taken to bring its legislation into conformity with the requirements of the Convention and, in particular, to adopt the new Labour Code, the draft text of which was prepared with the technical assistance of the Office, and the new Bill respecting trade unions.

END OF REPETITION

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

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

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

However the Committee notes the new Constitution, dated 28 September 1994, and particularly Article 57 under which every citizen shall have the right to form unions to serve the objectives of the Constitution and that the State shall take the necessary measures to help the citizens exercise this right.

The Committee is bound to recall that for several years its comments have covered the following points:

(a) the need to adopt specific and appropriate provisions, accompanied by effective and sufficiently dissuasive sanctions, to guarantee explicitly the protection of workers against any act of anti-union discrimination by employers, both at the time of recruitment and during employment, and the protection of workers organizations against acts of interference by employers, contrary to Articles 1 and 2 of the Convention;

(b) the need to adopt appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements; and

(c) the need to amend the provisions governing the compulsory registration of collective agreements and the possibility of their cancellation in the event that they do not conform with the security and/or economic interests of the country (sections 68, 69 and 71 of the Labour Code of 1970). Even though, according to the Government's previous reports, these provisions are not applied, they are such as to jeopardize the application of Article 4, by virtue of which collective bargaining must be free and cannot be subject to legal restrictions.

The Committee requests the Government to indicate in its next report the measures which have actually been taken to bring its legislation into conformity with the requirements of the Convention and, in particular, for the adoption of the new Labour Code, the draft text of which was prepared with the technical assistance of the Office, and the new Bill respecting trade unions.

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

The Committee notes the Government's report and the information supplied by a Government representative to the Conference Committee in June 1993.

The Committee notes that, despite the assurances given by the Government in its previous report and to the Conference Committee in June 1993 that it was undertaking a revision of the national legislation with a view to bringing it into conformity with the requirements of the Convention, the Government confines itself in its report to repeating the information provided previously that the draft texts of the new Labour Code and a Bill respecting trade unions contain provisions to give effect to the Convention.

In these circumstances, the Committee recalls that for several years its comments have dealt with the following points:

(a) the absence of specific and appropriate provisions, combined with effective and sufficiently dissuasive sanctions, to guarantee explicitly the protection of workers against any act of discrimination by employers, both at the time of recruitment and during employment, and the protection of workers' organizations against acts of interference by employers, contrary to Articles 1 and 2 of the Convention.

(b) the absence of appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements, and the compulsory registration of collective agreements and the possibility of their cancellation in the event that they do not conform to the security and economic interests of the country (sections 68, 69 and 71 of the Labour Code), contrary to Article 4 of the Convention, under which it is the responsibility of the Government to establish the appropriate procedures to associate the social partners on a voluntary basis in the determination of the Government's social and economic policy, and by virtue of which collective bargaining shall also be free and may not be subject to legal restrictions.

The Committee expresses the firm hope that the Government will be able to supply information in its next report on the measures which have actually been taken to bring its legislation into conformity with the requirements of the Convention and, in particular, to adopt the new Labour Code, the draft text of which was prepared with the technical assistance of the Office, and the new Bill respecting trade unions.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the Government's report and the information supplied by the Government representative to the Conference in June 1991, as well as the Constitution of Yemen of May 1991 and Act No. 19 of 1991 issuing the general conditions of service of the public service, which guarantee the right to organize of all citizens, including public servants.

It recalls that its previous comments concerned the following points:

- the absence of appropriate provisions to guarantee the protection of workers against any act of anti-union discrimination by employers, both at the time of recruitment and during employment, in accordance with Article 1 of the Convention;

- the absence of provisions to guarantee the protection of workers' organizations against acts of interference by employers, in accordance with Article 2;

- the absence of appropriate measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements, in accordance with Article 4;

- the compulsory registration of a collective agreement and the possibility of its cancellation in the event of it not conforming to the security and economic interests of the country, which jeopardizes the application of Article 4 of the Convention under which collective bargaining must be free and cannot be the object of legal restrictions (sections 68, 69 and 71 of the Labour Code).

The Committee notes the assurances given by the Government that freedom of association is a basic right of each citizen and that it has undertaken to guarantee the respect and satisfactory application of the Convention through the enactment of new labour legislation which will take account of the comments of the Committee in the draft texts of the new Labour Code and a Bill respecting trade unions.

1. Articles 1 and 2 of the Convention. With a view to giving full effect to the Convention, the Committee, with reference to its previous comments, once again requests the Government to adopt by legislative means specific provisions to guarantee expressly the protection of workers against acts of anti-union discrimination and the protection of workers' organizations against acts of interference by employers or employers' organizations, accompanied by sufficiently effective and dissuasive sanctions, and to indicate in its next report the measures that have been taken in this respect.

2. Article 4. The Committee also recalls its opinion that, since the trade union movement is still at the stage of consolidation and the collective bargaining process has not yet been implemented, it is necessary to take measures to amend the legislation which is in force, and in particular sections 68, 69 and 71 of the Labour Code of 1970, which are contrary to Article 4, with a view to establishing the appropriate machinery for associating the social partners on a voluntary basis in the determination of the Government's economic and social policy.

The Committee reminds the Government that the Office is at its disposal for any assistance that it may need in the preparation of amendments to give effect to the Convention.

The Committee requests the Government to indicate any progress achieved in these fields in its next report.

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

South Yemen

Referring to its general observation, the Committee notes that the Government's report has not been received. It recalls its previous request:

In its previous comment, the Committee requested the Government to extend the protection of workers against acts of anti-union discrimination (which is currently guaranteed in respect of employment by Act No. 24 of 10 September 1981 and by Ministerial Order No. 25 of 1989) to the time of recruitment; this protection should be accompanied by sufficiently effective and dissuasive sanctions (Article 1(2)(a) of the Convention).

In its report, the Government refers to section 93 of the Labour Code. In the opinion of the Committee, this provision, which lays down the right of workers to establish trade union organisations, does not provide workers with the protection guaranteed by Article 1(2)(a) of the Convention, which is intended to protect workers from any acts the aim of which is to subject their recruitment to the condition that they do not join a trade union or that they cease to be members of a trade union.

The Committee therefore requests the Government to amend its legislation so as to extend protection against acts of anti-union discrimination to the time of recruitment and to indicate the sanctions that are applicable to employers who are found to have committed acts of anti-union discrimination.

The Committee once again requests the Government to supply information on the effect given in practice to Article 4 respecting the promotion of collective bargaining by indicating, for example, the number of collective agreements that have been concluded, their duration, the signatory organisations, the sectors covered and the number of workers concerned.

The Committee trusts that the legislative revision that is taking place will take all these points into consideration and asks the Government to supply the relevant texts with its next report.

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

Referring to its general observation, the Committee notes that the Government's report has not been received. It recalls its previous observation which read as follows:

North Yemen 1. In its previous observation, the Committee requested the Government to take specific measures accompanied by sufficiently effective and dissuasive sanctions in order to guarantee: (a) the protection of workers against any act of anti-union discrimination by employers both at the time of recruitment and during employment, in accordance with Article 1 of the Convention; and (b) the protection of workers' organisations against acts of interference by employers, in accordance with Article 2. In its report, the Government refers once again to the constitutional guarantees respecting the rights and freedoms of citizens, and to the provisions of the Labour Code, which provide that the dignity and religious opinions of workers shall be respected, and which recognise the right of workers to vote for trade union purposes during employment (section 45 of the Labour Code). The Committee emphasises that the protection set out in Articles 1 and 2 of the Convention must be guaranteed by appropriate measures, particularly legislative provisions, which are all the more necessary when the trade union movement is still at the stage of consolidation. In order to ensure that effect is given to the Convention, the Committee therefore requests the Government to adopt, in the legislation, specific provisions to guarantee expressly the protection of workers against acts of anti-union discrimination and the protection of workers' organisations against acts of interference by employers or employers' organisations, accompanied by sufficiently effective and dissuasive sanctions, and to indicate in its next report the measures that have been taken in this respect. 2. In its previous observation, the Committee requested the Government to take measures to encourage the collective negotiation of terms and conditions of employment, in view of the fact that no collective agreement had yet been concluded. In its report, the Government refers to the provisions of the Labour Code that regulate the terms and conditions of employment within the context of individual negotiations (Chapter IV of the Labour Code). In the Committee's opinion, the information supplied illustrates that the collective bargaining process has still not been implemented, although, however, new trade unions have been established in various industrial branches. The Committee therefore requests the Government, under the terms of Article 4 of the Convention, that appropriate measures be taken to encourage and promote the full development and utilisation of machinery for voluntary negotiation of collective agreements between the social partners, in order to establish by this means terms and conditions of employment and thereby make it possible for the trade unions to play fully their part in promoting and defending the rights and interests of their members, in accordance with the Convention and the by-laws of the trade unions. 3. The Committee also notes that sections 68, 69 and 71 of the Labour Code, which were the subject of previous comments, concerning the compulsory registration of a collective agreement and its cancellation in the event of it not conforming to the security and economic interests of the country, will be examined within the framework of the current revision of the Labour Code. Although these provisions do not appear to be applied in practice, in the absence of any collective contract, the Committee points out that they are contrary to the principle of Article 4, under which collective bargaining must be free and cannot be subject to legal restrictions. The Committee notes that one of the objectives pursued by trade unions, under the terms of section 5(c) of the Regulations concerning the statutes of trade unions, is to represent workers in debates on matters which concern them on bodies set up for this purpose. It hopes that the above provisions will be amended and that, within the context of measures to promote free and voluntary negotiation, appropriate machinery will be set up in order to associate the social partners on a voluntary basis with the formulation of the Government's economic and social policy. It requests the Government to indicate in its next report the measures that have been taken to this effect.

South Yemen The Committee is addressing a direct request to the Government on the protection of workers against acts of anti-union discrimination at the time of recruitment (Article 1(2)(a) of the Convention), and on the implementation in practice of Article 4 of the Convention respecting the promotion of collective bargaining. The Committee trusts that the legislative revision that is taking place will take all these points into consideration and asks the Government to supply the relevant texts with its next report.

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

The Committee notes the Government's report.

1. In its previous observation, the Committee requested the Government to take specific measures accompanied by penal sanctions in order to guarantee: (a) the protection of workers against any act of anti-union discrimination by employers both at the time of recruitment and during employment, in accordance with Article 1 of the Convention; and (b) the protection of workers' organisations against acts of interference by employers, in accordance with Article 2.

In its report, the Government refers once again to the constitutional guarantees respecting the rights and freedoms of citizens, and to the provisions of the Labour Code, which provide that the dignity and religious opinions of workers shall be respected, and which recognise the right of workers to vote for trade union purposes during employment (section 45 of the Labour Code).

The Committee emphasises that the protection set out in Articles 1 and 2 of the Convention must be guaranteed by appropriate measures, particularly legislative provisions, which are all the more necessary when the trade union movement is still at the stage of consolidation.

In order to ensure that effect is given to the Convention, the Committee therefore requests the Government to adopt, in the legislation, specific provisions to guarantee expressly the protection of workers against acts of anti-union discrimination and the protection of workers' organisations against acts of interference by employers or employers' organisations, accompanied by civil remedies and penal sanctions, and to indicate in its next report the measures that have been taken in this respect.

2. In its previous observation, the Committee requested the Government to take measures to encourage the collective negotiation of terms and conditions of employment, in view of the fact that no collective agreement had yet been concluded.

In its report, the Government refers to the provisions of the Labour Code that regulate the terms and conditions of employment within the context of individual negotiations (Chapter IV of the Labour Code). In the Committee's opinion, the information supplied illustrates that the collective bargaining process has still not been implemented, although, however, new trade unions have been established in various industrial branches.

The Committee therefore requests the Government, under the terms of Article 4 of the Convention, that appropriate measures be taken to encourage and promote the full development and utilisation of machinery for voluntary negotiation of collective agreements between the social partners, in order to establish by this means terms and conditions of employment and thereby make it possible for the trade unions to play fully their part in promoting and defending the rights and interests of their members, in accordance with the Convention and the by-laws of the trade unions.

3. The Committee also notes that sections 68, 69 and 71 of the Labour Code, which were the subject of previous comments, concerning the compulsory registration of a collective agreement and its cancellation in the event of it not conforming to the security and economic interests of the country, will be examined within the framework of the current revision of the Labour Code.

Although these provisions do not appear to be applied in practice, in the absence of any collective contract, the Committee points out that they are contrary to the principle of Article 4, under which collective bargaining must be free and cannot be subject to legal restrictions.

The Committee notes that one of the objectives pursued by trade unions, under the terms of section 5(c) of the Regulations concerning the statutes of trade unions, is to represent workers in debates on matters which concern them on bodies set up for this purpose. It hopes that the above provisions will be amended and that, within the context of measures to promote free and voluntary negotiation, appropriate machinery will be set up in order to associate the social partners on a voluntary basis with the formulation of the Government's economic and social policy. It requests the Government to indicate in its next report the measures that have been taken to this effect.