Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Congo (Ratification: 1960)

The Committee notes the information provided by the Government in its report.

In its previous comments, the Committee requested the Government to amend the legislation on the minimum service organized by the employer, to be maintained in the public service that is indispensable for safeguarding the general interest (section 248-15 of the Labour Code), in order to limit the minimum service to operations which are strictly necessary to meet the basic needs of the population, within the framework of a negotiated minimum service. In this regard, the Committee notes that the Government indicates that section 248-15 has indeed been amended but that it is not in a position at this stage to produce the copy of the text amending the provisions of the said section. The Committee recalls that, since the definition of a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey on freedom of association and collective bargaining, 1994, paragraph 161). The Committee expresses the hope that the text amending section 248-15 of the Labour Code takes account of these principles and requests the Government to send it a copy of the text as soon as possible.

As regards its previous comments concerning the deduction of trade union dues from workers’ wages, the Committee will continue its discussion with the Government during the regular supervisory cycle relating to the application of Convention No. 98.

Finally, the Committee requested the Government to keep it informed of developments in the revision of the Labour Code in its next report and to send it a copy of any draft amendment to that Code in order to ensure its conformity with the provisions of the Convention. The Committee notes that the Government’s report indicates that the revision work has been completed and that the draft was submitted for opinion to the National Labour Advisory Commission at its ordinary session held in Brazzaville from 22 to 29 December 2003. The Committee requests the Government to send it a copy of the draft revised Labour Code and to continue to keep it informed in this regard.