Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Togo (Ratification: 1983)

Observations by the International Trade Union Confederation (ITUC). The Committee notes the ITUC’s observations, dated 31 July 2012, on the lack of dialogue with the trade union organizations recently established in the export processing zones, especially with respect to the revision of legal texts on working conditions in the export processing zone. The Committee requests the Government to submit its observations in reply to the allegations made by the ITUC.

Article 4 of the Convention. Bargaining between employers’ and workers’ organizations in practice. The Committee notes with interest the Government’s indication that the inter-occupational collective agreement has been revised following negotiations held in 2011 between the National Employers’ Council of Togo and six central trade union confederations; this collective agreement entered into effect in January 2012 and was extended to all sectors of activity and all non-signatory social partners pursuant to the Government order of 21 August 2012. The Committee also notes that bargaining is under way in the banking and insurance sector, in oil companies and in the oil transport services with a view to revising their respective collective agreements. Finally, the Committee notes that negotiations have also begun or are planned in various sectors such as the media, private teaching, work in the export processing zone, private health institutions, as well as the trade and services sectors. The Committee notes the figures provided by the Government on the number of workers covered by collective agreement in the public and private sectors, as well as in the export processing zone. Finally, the Committee takes note of the various measures taken by the Government to promote collective bargaining by means of social dialogue forums or the national media. The Committee requests the Government to continue providing detailed information on the collective agreements concluded, the sectors and number of workers covered, and the measures taken by the authorities to promote collective bargaining.

Compulsory arbitration. The Committee recalls its previous comments on section 260 of the Labour Code which stipulates that, in the event of persistent disagreement between the parties to collective bargaining on certain points in a collective dispute, the Minister of Labour might submit the matter to a arbitration board following the failure of conciliation. The Committee noted that the section in question was contrary to the principle of the autonomy of the parties and the principle of free and voluntary negotiation envisaged in the Convention. It had consequently requested the Government to amend the legislation with a view to providing that compulsory arbitration was only possible upon the request of the two parties to the dispute or in the context of disputes relating to essential services in the strict sense of the term or, in the public service, in the case of public servants exercising authority in the name of the State or in a case of acute national crisis. The Committee notes the Government’s indication that it undertakes to initiate consultations in the tripartite dialogue bodies on the possibility of amending the settlement procedure of collective labour disputes. The Committee requests the Government to inform it of any new developments concerning the amendment of section 260 of the Labour Code to bring it in line with the principles of the Convention.