Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Togo (Ratificación : 1960)

Penalties for organizing or participating in an illegal strike, organized by a non-representative organization or in breach of the legal conditions applicable to management or administration functions. The Committee notes that section 29 of Decree No. 2022022/PR of 23 February 2022, on the representativeness of trade unions and the exercise of the right to strike, provides for different types of penalties in the event of participating in or organizing: (1) an illegal strike; (2) a strike called by a non-representative organization; or (3) a strike in breach of the legal conditions applicable to management and administration functions, which go as far as the dissolution of the organizing trade union in the first alternative. The Committee understands that a strike is considered to be illegal, in particular under the conditions provided for in sections 331(b) and 322 of the Labour Code (repeated in sections 17 and 19 of Decree No. 2022-022/PR), which the Committee has requested that the Government take the necessary measures to amend. The Committee also notes that section 28 of the Labour Code, and section 6 of the Decree cited above, have established cumulative criteria to determine representativeness (that is, compliance with the legislation or regulations in force, independence, existence of at least one month, financial transparency, all members up to date with their statutory contributions, possession of a physically identifiable headquarters, the experience of the trade union, the scope and nature of its activity, the voting strength at trade union elections for representativity). The Committee notes that several of these criteria allow the competent authorities a wide margin of interpretation. With regard to the conditions applicable to the administration and management functions, the Committee recalls that it requested the Government to increase the flexibility, or to amend, the relevant requirements provided for in sections 14(1) and (3) of the Labour Code and repeated in sections 3 and 4 of the above-mentioned Decree. The Committee requests the Government to provide detailed information on the conditions which, under the legislation in force and national practice, determine the illegality of a strike. It also requests the Government to communicate information on the application in practice of section 29 of Decree No. 2022-022/PR of 23 February 2022, as well as the other related provisions, including the number of violations identified and the measures taken as a result (such as penalties imposed, disciplinary measures applied, compensation and damages, or the dissolution of a trade union organization).