Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Article 4 of the Convention. Compulsory arbitration. The Committee recalls that its previous comments concerned section 260 of the Labour Code, which provides that, in the event of persistent disagreement between the parties to collective bargaining on certain points in a collective dispute, the Minister of Labour may submit the matter to an arbitration board following the failure of conciliation. The Committee recalled that the provision in question is contrary to the principle of the autonomy of the parties and the principle of free and voluntary negotiation set out in Article 4 of the Convention. The Committee recalls that compulsory arbitration is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention) essential services in the strict sense of the term and acute national crises. The Committee notes the Government’s indication that the amendment of the section 260 is envisaged as part of the overall revision of the Labour Code. The Committee hopes that section 260 of the Labour Code will be amended as part of the ongoing revision of the Labour Code so as to bring it into full conformity with the Convention. and requests the Government to provide information on any developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.