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

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Paraguay (Ratificación : 1962)

The Committee previously requested the Government to provide its comments on the 2022 observations of the Central Confederation of Workers – Authentic (CUT–A) alleging that the Government’s latest report did not reflect a tripartite approach, due to its very late receipt by the CUT–A; the 2022 observations of the International Trade Union Confederation (ITUC) alleging violations of freedom of association and collective bargaining in various sectors, including the health sector and the public sector; and the 2010 and 2015 observations of the ITUC, in connection with the arrest of trade unionists, dismissals, anti-trade union transfers and the Government’s refusal to register certain trade union organizations. Noting that the Government does not respond to these observations, the Committee once again requests the Government to provide its comments in this regard.

Articles 2 and 3 of the Convention. Pending legislative issues. The Committee recalls that for many years it has been highlighting the inconsistency of certain provisions of the Labour Code with the Convention, particularly in respect of:

• the requirement of an unduly large number of workers (300) to establish a branch trade union (section 292);
• the prohibition on joining more than one union, whether at the level of the enterprise or industry, occupation or trade, or institution (section 293(c));
• the imposition of unduly demanding conditions of eligibility for office on the executive committee of a trade union (section 293(d) and 298(a));
• the requirement for trade unions to respond to all requests from the labour authorities for consultations or reports (sections 290(f) and 304(c));
• the obligation to provide a minimum service in the event of a strike in public services that are essential to the community without any requirement to consult the employers’ and workers’ organizations concerned (section 362); and
• the requirement that, for a strike to be called, its sole purpose must be directly and exclusively linked to the workers’ occupational interests (sections 358 and 376).

In its previous observation, the Committee urged the Government, in consultation with the social partners, to take the necessary measures to align the Labour Code with the Convention. The Committee welcomes the Government’s indication that in 2024, the Ministry of Labour, Employment and Social Security launched a process for the reform of the Labour Code with the objective of modernizing its provisions and addressing the Committee’s comments, and that, in that context, tripartite forums for social dialogue had been held. The Committee trusts that, as part of the reform of the Labour Code and in full consultation with the social partners, the Government will take necessary measures to amend the above-mentioned sections and bring them into full conformity with the Convention. The Committee requests the Government to provide information on developments in the aforementioned reform and reminds it that, it may, if it so wishes, avail itself of the technical assistance of the Office.

With respect to the application of the percentages established in section 292 of the Labour Code, which could result in a requirement of up to 100 workers to establish a trade union in institutions of up to 500 workers and a requirement of an even higher number of members for public institutions with a large number of workers, the Committee requested the Government to ensure that this provision did not restrict the right of workers in the public sector to establish organizations of their choosing. The Committee notes the Government’s indication that section 292 is in conformity with the Convention, but indicates that at a meeting of 4 February 2025, the trade unions set out their agenda for the aforementioned reform of the Labour Code, which includes a survey on trade union freedom. In this regard, the Committee recalls once again that although the legal requirement to have a minimum number of members is not in itself incompatible with the Convention, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered. The Committee hopes that, during the aforementioned reform, the Government will hold consultations with the social partners concerned with a view to ensuring that section 292 of the Labour Code does not, in effect, undermine the right of workers in the public sector to establish organizations of their choosing. The Committee requests the Government to provide information in this regard.

In its previous observation, the Committee welcomed the appointment of a technical legal team in the Ministry of Education and Sciences for the purpose of amending section 38 of the Teachers’ Statute, which establishes that teachers must have been registered for five years in order to qualify for trade union leave. The Committee notes that the Government has confined itself to indicating that the Ministry of Labour, Employment and Social Security and the Ministry of Education and Sciences are working jointly to amend this provision. The Committee once again expresses the hope that section 38 will be amended without delay and in consultation with the social partners. The Committee requests the Government to provide information on progress made in this regard.

Compulsory arbitration. The Committee noted previously that sections 284 and 320 of the Code of Labour Procedure regarding referral of collective disputes to compulsory arbitration are not applied in practice, since they have been tacitly repealed by section 97 of the Constitution, which establishes that arbitration shall be optional, and requested the Government to repeal or amend them. Noting with regret that the Government provides no information on any progress in this regard, the Committee urges the Government, in accordance with the Constitution and in order to avoid any ambiguity in interpretation, to take the necessary measures to repeal or amend expressly the aforementioned provisions of the Code of Labour Procedure.

Right of organizations to organize their administration and activities and to formulate their programmes. Essential services. The Committee notes the adoption in 2025 of Act No. 7445 on the public service and the civil service, section 46 of which provides that the right to strike must always respect the continuity of essential public services. It notes that section 47 of the Act defines those services as “those the interruption of which would endanger the life, health, safety, communication, mobility or assets of the community, or part thereof”, and provides that these include the production and distribution of gas and other fuels as well as the collection and disposal of waste. In this regard, the Committee recalls that essential services in which the right to strike may be restricted or prohibited are “those the interruption of which would endanger the life, personal safety or health of the whole or part of the population”, and that it should be possible for strikes to be organized by workers in numerous services, including transport, fuel distribution, the natural gas and petrochemicals sector, coal production and refuse collection (2012 General Survey on the fundamental Conventions, paras 131 and 134). In the light of the above, the Committee requests the Government to take the necessary measures to amend section 47 of Act No. 7445 on the public service and the civil service so as to ensure that the above-mentioned limitations on the exercise of the right to strike may only be imposed on essential services in the strict sense of the term, and to provide information on any developments in this regard.