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

Collective Bargaining Convention, 1981 (No. 154) - Niger (Ratification: 1985)

Article 5 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee recalled that the right of trade unions to sit on advisory bodies was not sufficient to give effect to the right to collective bargaining recognized by the Convention, and it requested the Government to provide copies of collective agreements concluded in the public sector. The Committee notes with satisfaction the Government’s indication that protocol agreements have been concluded with the social partners in several sectors and notes that copies of four collective agreements have been provided: (i) the protocol agreement between the Government and workers’ trade union confederations on strict compliance with freedom of association by all employers, the provision of headquarters premises and a subsidy for all trade union confederations, the adjustment of pensions, a general wage increase of 10 per cent at all levels, the ratification of ILO Conventions on occupational safety and health and other matters of a general nature; (ii) the protocol agreement with the Administration responsible for Mining and Industrial Development and the National Union of Employees of the Administration Responsible for Mining and Energy (SYNPAMINE) on the wage system, the plan for the training of officials in the sector and the payment of the financial effects of promotion; (iii) the protocol agreement between the Government and the Confederation of Workers of Niger (ITN) on the reduction in the price of water and electricity, a substantial increase in the wages of all employees in the public, para-public and private sectors, the system of bonuses and indemnities for state employees, the judicial reform affecting the labour tribunal and other matters of a general nature; and (iv) the protocol agreement between the Government of the Republic of Niger and the Single Federation of Education Unions of Niger concerning the adoption of specific regulations for education personnel, the payment of wages of contractual teachers upon completion of their contracts, the completion of the payment of the financial effects of promotion, re classification and various indemnities, and other specific claims in the education sector. The Government adds that collective bargaining on wages resulted in a significant increase in wages which takes into account the cost of living and has contributed to a more peaceful social climate. The Committee notes the Government’s observations and invites it to continue taking measures, in consultation with the social partners, to encourage and promote collective bargaining in all the branches of economic activity covered by the Convention, including the public sector.

Promotion of collective bargaining by public servants engaged in the administration of the State. The Committee recalls that it has not been informed of specific legislative provisions guaranteeing the right to collective bargaining of public servants engaged in the administration of the State, who are governed by a specific legislative statute or regulations, and are accordingly excluded from the application of section 252 of the Labour Code. In light of the collective agreements referred to by the Government, which concern public employees, the Committee invites the Government to ensure that the legislation in force is in accordance with practice in relation to the recognition and exercise of the right to collective bargaining for public servants engaged in the administration of the State.