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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - New Caledonia

Article 4 of the Convention. Judicial dissolution of trade union organizations. The Committee notes the Government’s indication that, under section Lp.3241 of the Labour Code, as revised in 2010, a decision to dissolve a trade union organization may be issued at the initiative of the Prosecutor General if a director or administrator disregards the provisions of section 3211 concerning “the purpose of trade unions”. The Committee notes that these provisions stipulate that professional unions have as their exclusive purpose the study and defence of the rights and the material and moral interests, both collective and individual, of the persons mentioned in their statutes. The Committee requests the Government to provide information on the application in practice of section Lp.3241 of the Labour Code, indicating in particular examples of grounds that could give rise to dissolution as well as any instances in which the Prosecutor General has initiated such a decision.