Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Timor-Leste (Ratification: 2009)

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

Previous comment

Articles 1, 2 ,3 ,4 and 6 of the Convention. Personal scope of the Convention. Civil servants not engaged in the administration of the State and domestic workers. In its previous comments the Committee had noted that civil servants and domestic workers are excluded from the scope of the Labour Law and had requested the Government to provide the normative texts that guarantee these two categories of workers the rights enshrined in the Convention. Concerning civil servants, the Committee notes with regret that the Government has not provided the information requested. Concerning domestic workers, the Committee notes that the Government indicates that the law is still on the table of the Council of Ministers and will be sent to the parliament for approval. The Committee requests the Government to indicate whether the decree-law on the establishment and functioning of public servants’ trade unions referred to in section 115.2 of the Statute of Civil Service is effectively adopted. It requests the Government to provide a copy of this text if adopted, or of any other text regulating the right to organize and collective bargaining of civil servants not engaged in the administration of the State. The Committee expects that the law on domestic work will soon be adopted and requests the Government to provide a copy thereof once adopted.

Articles 2 and 3. Adequate protection against anti-union discrimination and acts of interference. In its previous comments the Committee had requested the Government to provide details on the penalties applied against acts of anti-union interference. The Committee notes that the Government once again indicates that no allegations of interference have been received and no penalties imposed. The Committee notes that the Labour Law provides in its section 99(1) that the penalties applicable in case of breach of the provisions of the law will be determined by specific legislation and that this specific legislation would indeed also determine the penalties applicable to acts of anti-union discrimination and interference. The Committee therefore requests the Government to indicate whether the specific legislation on penalties applicable to breaches of labour law was adopted and to provide information on the penalties that would be applicable to acts of anti-union discrimination and interference. The Committee further requests the Government to provide information on any complaint that may have been filed with respect to acts of anti-union discrimination or interference, specifying the bodies that addressed them as well as the decisions taken in their respect.

Article 4. Collective bargaining. Compulsory arbitration. In its previous comment, the Committee had requested the Government to provide information on the legal provisions regulating the referral of collective labour disputes to arbitration or court adjudication. The Committee had also requested the Government to ensure that arbitration or court adjudication is imposed only in relation to public servants engaged in the administration of the State (Article 6 of the Convention), in essential services in the strict sense of the term or in cases of acute national crisis. The Committee notes that the Government limits itself to refer to article 97 of the Labour Law that describes the different avenues for resolving both individual and collective disputes. Noting that article 97.1 of the Labour Law refers to the possible intervention of the tribunals to solve both individual and collective disputes and that article 97.5 states that collective labour disputes are at the request of the parties involved, submitted to arbitration by the Labour Arbitration Council. The Committee requests the Government to ensure that arbitration or court adjudication is not imposed to the parties to collective bargaining beyond the limited situations mentioned above.

Promotion of Collective bargaining in practice. The Committee notes that the Government has not provided information on the collective agreements that may have been concluded in the country nor on measures adopted to promote collective bargaining. The Committee reiterates its request to the Government to provide information on any collective agreement in force in the country and encourages the Government to take measures to actively promote collective bargaining in all sectors of the economy, including in the informal economy. The Committee requests the Government to provide information in this respect.

The Committee recalls that the Government may avail itself of the technical assistance of the Office in order to give full implementation to the Convention.

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

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

Repetition

The Committee notes the Government’s comments on previous observations of the International Trade Union Confederation (ITUC).

Articles 2 and 3 of the Convention. Protection against acts of interference. In the context of giving effect to the provisions of the then new Labour Code, which set out protections against acts of interference, the Committee had requested the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti-union interference. The Committee notes that the Government indicates that so far no allegations of acts of anti-union interference have been lodged, so no penalties or fines have been imposed.The Committee requests the Government to continue informing on the application of the Labour Code provisions protecting against interference, providing details on the penalties applied and the amount of the fines imposed in the case of acts of anti-union interference.

Article 4. Collective bargaining. The Committee had requested the Government to provide information on the functioning of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage. The Committee notes that the Government indicates that the national machinery for collective bargaining involves mediation and conciliation and that, if no solution is reached through mediation or conciliation, the process will proceed to arbitration and, if no solution is arrived at through arbitration, a final decision will be taken by the courts. The Committee further notes the statistical data provided by the Government concerning 2018, during which 297 disputes were reported, leading to the conclusion of 114 collective bargaining agreements, with 6 arbitrated procedures.Recalling that compulsory arbitration is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), in essential services in the strict sense of the term or in cases of acute national crisis, the Committee requests the Government to provide detailed information as to under what circumstances and legal provisions collective bargaining may be referred to arbitration or to court adjudication; and to take any measures that may be necessary to ensure that arbitration or court adjudication is not imposed outside of the aforementioned situations. The Committee further requests the Government to continue providing information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

Articles 4 and 6. Public servants and domestic workers. Having observed that section 2 of the Labour Code (Labour Law No. 4/2012) provides that the Code does not apply to civil servants, and that domestic worker were to be regulated by special legislation, the Committee had requested the Government to indicate the legislative provisions ensuring that domestic workers and civil servants other than those engaged in the administration of the State enjoyed the guarantees enshrined in the Convention. The Committee notes the Government’s indication that the right to organize of public servants is recognized in section 115.1 of the Statute of the Civil Service (Law No. 8/2004), which sets out that civil servants have the right to be members of a union or another organization that represents their interests. The Committee observes that section 115.2 of the Statute of the Civil Service further provides that the establishment and functioning of trade unions shall be regulated by a Government decree-law.The Committee requests the Government to provide a copy of the decree-law or other normative text regulating how civil servants - other than those engaged in the administration of the state – enjoy the guarantees provided in the Convention, including as to collective bargaining.

As to domestic workers, the Committee notes the Government’s indication that, a draft domestic workers law has been prepared and is awaiting to be submitted to the Council of Ministers for approval.The Committee requests the Government to provide a copy of this legislation on domestic workers once adopted.

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

The Committee notes the Government’s comments on previous observations of the International Trade Union Confederation (ITUC).

Articles 2 and 3 of the Convention. Protection against acts of interference. In the context of giving effect to the provisions of the then new Labour Code, which set out protections against acts of interference, the Committee had requested the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti-union interference. The Committee notes that the Government indicates that so far no allegations of acts of anti-union interference have been lodged, so no penalties or fines have been imposed. The Committee requests the Government to continue informing on the application of the Labour Code provisions protecting against interference, providing details on the penalties applied and the amount of the fines imposed in the case of acts of anti-union interference.

Article 4. Collective bargaining. The Committee had requested the Government to provide information on the functioning of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage. The Committee notes that the Government indicates that the national machinery for collective bargaining involves mediation and conciliation and that, if no solution is reached through mediation or conciliation, the process will proceed to arbitration and, if no solution is arrived at through arbitration, a final decision will be taken by the courts. The Committee further notes the statistical data provided by the Government concerning 2018, during which 297 disputes were reported, leading to the conclusion of 114 collective bargaining agreements, with 6 arbitrated procedures. Recalling that compulsory arbitration is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), in essential services in the strict sense of the term or in cases of acute national crisis, the Committee requests the Government to provide detailed information as to under what circumstances and legal provisions collective bargaining may be referred to arbitration or to court adjudication; and to take any measures that may be necessary to ensure that arbitration or court adjudication is not imposed outside of the aforementioned situations. The Committee further requests the Government to continue providing information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

Articles 4 and 6. Public servants and domestic workers. Having observed that section 2 of the Labour Code (Labour Law No. 4/2012) provides that the Code does not apply to civil servants, and that domestic worker were to be regulated by special legislation, the Committee had requested the Government to indicate the legislative provisions ensuring that domestic workers and civil servants other than those engaged in the administration of the State enjoyed the guarantees enshrined in the Convention,. The Committee notes the Government’s indication that the right to organize of public servants is recognized in section 115.1 of the Statute of the Civil Service (Law No. 8/2004), which sets out that civil servants have the right to be members of a union or another organization that represents their interests. The Committee observes that section 115.2 of the Statute of the Civil Service further provides that the establishment and functioning of trade unions shall be regulated by a Government decree-law. The Committee requests the Government to provide a copy of the decree-law or other normative text regulating how civil servants - other than those engaged in the administration of the state – enjoy the guarantees provided in the Convention, including as to collective bargaining.

As to domestic workers, the Committee notes the Government’s indication that, a draft domestic workers law has been prepared and is awaiting to be submitted to the Council of Ministers for approval. The Committee requests the Government to provide a copy of this legislation on domestic workers once adopted.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observation of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes the Government’s adoption of Act No. 4/2012 enacting the Labour Code.

Articles 2 and 3 of the Convention. Protection against acts of interference. The Committee noted that section 83 of the new Labour Code prohibits acts of interference on the part of the authorities in the organization or funding of workers’ and employers’ organizations; as well as acts of interference on the part of the employer that promote the formation, continuation or funding of workers’ organizations, intervene in their organization or management, or prevent or hinder the exercise of their rights. The Committee recalls that legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations to ensure the practical application of Article 2. In this regard, the Committee notes that section 98 of the Labour Code entrusts the labour inspectorate with the task of monitoring and enforcing the provisions of the code, and that section 99 establishes that breaches of these provisions shall be punishable with fines and other types of penalty. The Committee requests the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti union interference.

Article 4. Collective bargaining. The Committee requests the Government to provide information on the working of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage.

Articles 4 and 6. Public servants and domestic workers. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. Recalling that the Convention applies to all workers of the private sector as well as to public service workers other than those engaged in the administration of the State, the Committee requests the Government to indicate the legislative provisions ensuring that domestic workers and public servants, other than those engaged in the administration of the State, enjoy the guarantees enshrined in the Convention.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

The Committee notes the observation of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes the Government’s adoption of Act No. 4/2012 enacting the Labour Code.

Articles 2 and 3 of the Convention. Protection against acts of interference. The Committee noted that section 83 of the new Labour Code prohibits acts of interference on the part of the authorities in the organization or funding of workers’ and employers’ organizations; as well as acts of interference on the part of the employer that promote the formation, continuation or funding of workers’ organizations, intervene in their organization or management, or prevent or hinder the exercise of their rights. The Committee recalls that legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations to ensure the practical application of Article 2. In this regard, the Committee notes that section 98 of the Labour Code entrusts the labour inspectorate with the task of monitoring and enforcing the provisions of the code, and that section 99 establishes that breaches of these provisions shall be punishable with fines and other types of penalty. The Committee requests the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti union interference.

Article 4. Collective bargaining. The Committee requests the Government to provide information on the working of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage.

Articles 4 and 6. Public servants and domestic workers. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. Recalling that the Convention applies to all workers of the private sector as well as to public service workers other than those engaged in the administration of the State, the Committee requests the Government to indicate the legislative provisions ensuring that domestic workers and public servants, other than those engaged in the administration of the State, enjoy the guarantees enshrined in the Convention.

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

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

The Committee notes the observation of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes the Government’s adoption of Act No. 4/2012 enacting the Labour Code.

Articles 2 and 3 of the Convention. Protection against acts of interference. The Committee noted that section 83 of the new Labour Code prohibits acts of interference on the part of the authorities in the organization or funding of workers’ and employers’ organizations; as well as acts of interference on the part of the employer that promote the formation, continuation or funding of workers’ organizations, intervene in their organization or management, or prevent or hinder the exercise of their rights. The Committee recalls that legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations to ensure the practical application of Article 2. In this regard, the Committee notes that section 98 of the Labour Code entrusts the labour inspectorate with the task of monitoring and enforcing the provisions of the code, and that section 99 establishes that breaches of these provisions shall be punishable with fines and other types of penalty. The Committee requests the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti union interference.

Article 4. Collective bargaining. The Committee requests the Government to provide information on the working of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage.

Articles 4 and 6. Public servants and domestic workers. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. Recalling that the Convention applies to all workers of the private sector as well as to public service workers other than those engaged in the administration of the State, the Committee requests the Government to indicate the legislative provisions ensuring that domestic workers and public servants, other than those engaged in the administration of the State, enjoy the guarantees enshrined in the Convention.

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

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

Repetition

The Committee notes the observation of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes the Government’s adoption of Act No. 4/2012 enacting the Labour Code.

Articles 2 and 3 of the Convention. Protection against acts of interference. The Committee noted that section 83 of the new Labour Code prohibits acts of interference on the part of the authorities in the organization or funding of workers’ and employers’ organizations; as well as acts of interference on the part of the employer that promote the formation, continuation or funding of workers’ organizations, intervene in their organization or management, or prevent or hinder the exercise of their rights. The Committee recalls that legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations to ensure the practical application of Article 2. In this regard, the Committee notes that section 98 of the Labour Code entrusts the labour inspectorate with the task of monitoring and enforcing the provisions of the code, and that section 99 establishes that breaches of these provisions shall be punishable with fines and other types of penalty. The Committee requests the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti union interference.

Article 4. Collective bargaining. The Committee requests the Government to provide information on the working of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage.

Articles 4 and 6. Public servants and domestic workers. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. Recalling that the Convention applies to all workers of the private sector as well as to public service workers other than those engaged in the administration of the State, the Committee requests the Government to indicate the legislative provisions ensuring that domestic workers and public servants, other than those engaged in the administration of the State, enjoy the guarantees enshrined in the Convention.

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

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

Repetition

The Committee notes the observation of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes the Government’s adoption of Act No. 4/2012 enacting the Labour Code.

Articles 2 and 3 of the Convention. Protection against acts of interference. The Committee noted that section 83 of the new Labour Code prohibits acts of interference on the part of the authorities in the organization or funding of workers’ and employers’ organizations; as well as acts of interference on the part of the employer that promote the formation, continuation or funding of workers’ organizations, intervene in their organization or management, or prevent or hinder the exercise of their rights. The Committee recalls that legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations to ensure the practical application of Article 2. In this regard, the Committee notes that section 98 of the Labour Code entrusts the labour inspectorate with the task of monitoring and enforcing the provisions of the code, and that section 99 establishes that breaches of these provisions shall be punishable with fines and other types of penalty. The Committee requests the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti union interference.

Article 4. Collective bargaining. The Committee requests the Government to provide information on the working of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage.

Articles 4 and 6. Public servants and domestic workers. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. Recalling that the Convention applies to all workers of the private sector as well as to public service workers other than those engaged in the administration of the State, the Committee requests the Government to indicate the legislative provisions ensuring that domestic workers and public servants, other than those engaged in the administration of the State, enjoy the guarantees enshrined in the Convention.

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

The Committee notes the Government’s first report as well as the adoption of Act No. 4/2012 enacting the Labour Code.

Articles 2 and 3 of the Convention. Protection against acts of interference. The Committee notes with interest that section 83 of the new Labour Code prohibits acts of interference on the part of the authorities in the organization or funding of workers’ and employers’ organizations; as well as acts of interference on the part of the employer that promote the formation, continuation or funding of workers’ organizations, intervene in their organization or management, or prevent or hinder the exercise of their rights. The Committee recalls that legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations to ensure the practical application of Article 2. In this regard, the Committee notes that section 98 of the Labour Code entrusts the labour inspectorate with the task of monitoring and enforcing the provisions of the code, and that section 99 establishes that breaches of these provisions shall be punishable with fines and other types of penalty. The Committee requests the Government to provide details on the penalties applied and the amount of the fines imposed in the case of acts of anti-union interference.

Article 4. Collective bargaining. The Committee requests the Government to provide information on the working of the national machinery for collective bargaining, as well as statistical data on the number of collective agreements concluded and their coverage.

Articles 4 and 6. Public servants and domestic workers. The Committee notes that the new Labour Code does not apply to public servants and domestic workers. Recalling that the Convention applies to all workers of the private sector as well as to public service workers other than those engaged in the administration of the State, the Committee requests the Government to indicate the legislative provisions ensuring that domestic workers and public servants, other than those engaged in the administration of the State, enjoy the guarantees enshrined in the Convention.

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

The Committee notes the Government’s first report as well as the adoption of Act No. 4/2012 enacting the Labour Code.

Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes with satisfaction that sections 45, 55 and 81 of the new Labour Code prohibit acts of anti-union discrimination on the grounds of trade union affiliation or activity, stipulate that anti-union dismissals shall be deemed null and void and provide for reinstatement and compensation of the worker.

The Committee further notes the comments of the International Trade Union Confederation (ITUC) dated 31 July 2012 on the application of the Convention. The Committee requests the Government to provide its observations thereon.

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

The Committee notes that the Government’s first report has not been received. The Committee requests the Government to provide detailed information concerning the application of each Article of the Convention in law and in practice, as well as to supply copies of the relevant legislation.

The Committee also notes the comments of the International Trade Union Confederation (ITUC) dated 4 August 2011 on the application of the Convention. The Committee requests the Government to provide its observations thereon.