Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Chad (Ratification: 1998)

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that: (i) section 3 of the General Public Service Regulations excludes from their scope of application local Government officials, employees in public establishments and auxiliary administrative personnel; and (ii) the status of contractual employees is governed by the collective agreement of 7 December 2012. Noting with regret that the Government has not responded to the Committee’s request to receive a copy of the collective agreement in question, the Committee requests it to provide one without delay.

Article 4. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee emphasized the need to take legislative measures to ensure adequate protection for public employees against discrimination on the grounds of their trade union membership or activities. Noting that the Government restricts itself to recalling the provisions solely applicable to public employees (section 10 of the General Public Service Regulations), the Committee once again urges the Government to take measures to ensure that the legislation includes explicit provisions protecting public employees against discrimination in the exercise of their trade union activities.

Article 5. Protection against acts of interference. The Committee also noted the absence of legislative provisions, either in the General Public Service Regulations, or in other texts applicable to public employees, aimed at ensuring adequate protection against acts of interference by the public authorities in internal trade union affairs. The Committee notes that the Government indicates that protection against acts of interference is restricted to contractual employees, as set out in section 297 of the Labour Code. Observing that the provisions of the Code are not applicable to Government officials and auxiliary administrative personnel employed by the State and public bodies, unless otherwise provided for under a specific regulation (section 2 of the Code), the Committee once again urges the Government to take measures to ensure that the legislation applicable to civil servants and to all public employees fully guarantees adequate protection of their organizations against any acts of interference by a public authority in their establishment, functioning or administration.

Article 6. Facilities to be afforded to public employees’ organizations. The Committee notes, from the information provided by the Government, that there is no text that explicitly provides for facilities to be made available to the organizations of civil servants or public employees, even where such facilities may in practice exist in the public service. The Committee once again urges the Government to take measures, as required by the Convention, with a view to ensuring, through the adoption of legislative provisions or other means, that 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.

Article 7. Procedures for determining terms and conditions of employment. The Committee notes that the Government indicates that the Public Service Advisory Committee, as established by the General Public Service Regulations, has general competence in matters related to the public service, which includes representatives of public employees’ organizations who participate in the determination of conditions of employment. While noting this information, the Committee once again urges 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 held or agreements concluded with trade union organizations concerning the determination of employment conditions in the public sector over recent years.

Article 8. Settlement of disputes. Lastly, the Committee notes the Government’s indication that there are still no provisions in place concerning procedures for dispute settlement. The Committee once again urges the Government to establish procedures 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 trusts that the Government will shortly be able to provide the information requested and to report the adoption of legislative measures that take account of the comments the Committee has been making for many years.