Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Paraguay (Ratification: 1962)

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 many years it has been commenting on the following points:

-  the requirement of an excessively high number of workers (300) to establish a branch trade union (section 292 of the Labour Code);

-  the imposition of excessive requirements to be able to hold office in the executive body of a trade union (sections 298(a) and 293(d) of the Labour Code);

-  the submission of collective disputes to compulsory arbitration (sections 284 to 320 of the Code of Labour Procedure);

-  the prohibition on workers from joining more than one union, even if they have more than one part-time employment contract, whether at the enterprise, industry, occupation or trade, or institution level (section 293(c) of the Labour Code);

-  the requirement that trade unions must comply with all requests for consultations or reports from the labour authorities (sections 290(f) and 304(c) of the Labour Code);

-  the requirement that, for a strike to be called, its sole purpose must be directly and exclusively linked to the workers’ occupational interests (sections 358 and 376(a) of the Labour Code), and the obligation to ensure a minimum service in the event of a strike in public services which are essential to the community, without consulting the workers’ and employers’ organizations concerned on the definition of the minimum service (section 362 of the Labour Code).

The Committee observes that in its report the Government provides no specific information on these matters but merely enumerates and transcribes the articles of the Constitution and Labour Code that apply.

The Committee accordingly notes with regret that, despite the technical assistance provided by the Office, no progress has been made on the matters it has raised. It reminds the Government of the importance of taking measures to ensure that full effect is given to the Convention. It expresses the firm hope that such measures will be adopted in the near future and requests the Government to provide information on them in its next report.

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