Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 151) sur les relations de travail dans la fonction publique, 1978 - Tchad (Ratification: 1998)

Article 1 of the Convention. Scope of application. Noting in its previous comments that section 3 of the General Public Service Regulations excludes from their scope of application local government officials, employees in public establishments and auxiliary personnel employed by the administration, the Committee requested the Government to indicate the legal texts in force which recognize for all these different categories of public employees the rights and guarantees envisaged by the Convention. The Committee notes the Government’s indication that the situation of contractual employees is governed by the collective agreement of 7 December 2012. The Committee requests the Government to provide with its next report a copy of the collective agreement in question.

Articles 4–8 of the Convention. In its previous comments, the Committee urged the Government to take measures to ensure that: (i) the legislation includes express provisions ensuring adequate protection for public employees against discrimination on the grounds of their trade union membership or activities, as well as adequate protection against acts of interference; and that (ii) through the legislation or by other means, facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times. Furthermore, the Committee urged the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreement concluded with trade union organizations in the public sector over recent years. Lastly, the Committee urged the Government to take measures to establish a procedure offering guarantees of independence and impartiality (such as mediation, conciliation or arbitration) with a view to settling disputes arising out of the determination of the terms and conditions of employment of public employees.

The Committee notes with regret that the Government merely indicates that the rights and guarantees envisaged by the Convention are governed by the collective agreement of 7 December 2012, without distinguishing between the situation of contractual and other public employees. The Committee expects the Government to provide, in its next report, detailed information on the aforementioned points in respect of all public employees, including those covered by the General Public Service Regulations.