Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - República Democrática del Congo (Ratificación : 1969)

The Committee notes the observations of the Inter-Union National of Congo received on 29 March 2024, denouncing the imposition of taxes on the exercise of trade union activities and collective bargaining. The Committee requests the Government to provide its comments in this regard.

Article 2 of the Convention. Protection against acts of interference. The Committee previously recalled that section 236 of the Labour Code provides that acts of interference by employers’ and workers’ organizations in each other’s affairs shall be defined by an Order issued by the Minister of Labour and Social Welfare following consultation with the National Labour Council. The Committee notes with deep regret that the Order in question has still not been issued and that the Government restricts itself to indicating that, in the meantime, the Minister of Labour and Social Welfare drafts memos (not provided by the Government), listing several acts of interference. The Committee strongly hopes that the next report from the Government will show definite progress in this regard, and that the expected Order will include the various cases envisaged under Article 2 of the Convention.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee noted that, while Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees recognizes the right of public servants to organize and to strike and establishes consultative bodies, it does not provide for machinery for collective bargaining on conditions of employment. At the same time, the Committee noted that the persons covered by the Act are primarily employees engaged in the administration of the State (section 2). The Committee notes that the Government refers to a draft Decree of the Prime Minister establishing and organizing the High Council for Social Dialogue, which promotes collective bargaining for workers of all sectors, including the public sector. The Committee recalls once again that, under its Article 6, the Convention applies to workers and public servants who are not engaged in the administration of the State (for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as transport personnel) (see the 2012 General Survey on the fundamental Conventions, paragraph 172). The Committee once again urges the Government to specify how the right to collective bargaining is granted to various categories of public servants not engaged in the administration of the State and to take, if necessary, steps to ensure that this right is granted to them both in law and in practice. It requests the Government to provide information on all developments in this regard.

Branch level collective bargaining. The Committee notes with deep regret that the Government restricts its reply to indicating that the Order defining the functioning of the joint committees, provided for under the terms of section 284 of the Labour Code relating to branch-level collective bargaining, has not yet been issued. The Committee once again expresses the firm hope that the Order defining the functioning of the joint committees will be adopted without further delay.

Promotion of collective bargaining in practice. Noting with regret that the Government limits itself to very general statements, the Committee requests the Government to provide detailed information on the measures taken or envisaged to promote collective bargaining, the number of collective agreements concluded and in force in the country, as well as on the sectors concerned and the number of workers covered by these agreements.

The Committee trusts that the Government will shortly be in a position to provide the information requested and to announce the adoption of regulatory measures that take account of the comments that the Committee has been formulating for many years.