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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 294. In its previous examination of the case in June 2008, the Committee made the following recommendations on the question still pending, which concerned the refusal by the authorities of the Ministry of Education and Sport to negotiate the draft Fifth Collective Labour Agreement with the eight national federations [see 350th Report, para. 1701]:
- Reminding the Government of the obligation to promote collective bargaining under the terms of Article 4 of Convention No. 98, the Committee requests it to take initiatives without delay to facilitate negotiation of the Fifth Collective Labour Agreement with the eight federations in the sector (education and sport).
- 295. In its communication of 7 October 2008, the Government states that it reiterates its previous statements (made in the previous examination of the case) in which it provided broad and detailed information on the procedure that must be followed for the presentation and subsequent negotiation of draft collective agreements. The Government emphasizes that the reply in question was based on labour laws in force, which guarantee the exercise of the right to legal defence and due process of law, these being the foundations of the democratic State, based on the rule of law and social rights in which workers can effectively carry on trade union activity in the private and collective spheres.
- 296. The Committee wishes to recall that in its previous examination of the case, it pointed out to the Government that the requirement of excessive legal formalities in the context of broad bargaining processes (which in the present case involves eight federations) may be contrary to the principle of the promotion of collective bargaining set out in Article 4 of Convention No. 98. The Committee had regretted that the Ministry of Education and Sport did not extend the statutory time limit for the rectification of errors and omissions to which it refers [see 350th Report, para. 1699].
- 297. Likewise, in its previous examination of the case, the Committee requested the Government to take initiatives without delay to facilitate negotiation of the Fifth Collective Labour Agreement with the eight federations in the sector. The Committee regrets that the Government confines itself to reiterating the statements it made in September 2007, and that it has disregarded the Committee’s recommendation to facilitate negotiation of the Fifth Collective Labour Agreement. The Committee urges the Government once again to take measures in this regard.
