Observación (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - República Democrática del Congo (Ratificación : 1969)

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

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

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

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

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