Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Comores (Ratification: 1978)

The Committee notes the observations of the Workers’ Confederation of Comoros (CTTC), received on 26 July 2025, relating to matters examined in the present direct request, and requests the Government to provide its comments in this respect.

The Committee notes with regret that the Government’s report does not contain a reply to the comments it has been making for many years, mainly relating to legislative matters.

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee requested the Government to provide information on the implementation of sections 11 and 260 of the Labour Code concerning the penalties applicable in cases of acts of anti-union discrimination. Recalling the importance of the effective and dissuasive nature of the penalties, the Committee once again requests the Government to provide information on the effect given in practice to these provisions, with an indication of the number of cases brought to the attention of the competent authorities, the duration of the procedures and their outcome. Furthermore, the Committee once again requests the Government to indicate whether reinstatement of unfairly dismissed trade union officers, accompanied by retroactive wage compensation for the period between the dismissal and the reinstatement order, and compensation for the prejudice suffered, are included among the range of measures that may be ordered by the judicial authorities in cases of anti-union discrimination.

Article 2. Adequate protection against acts of interference. The Committee previously requested the Government to provide information on the effect given in practice to section 11(2) of the Labour Code that contains a general prohibition on any employer from exerting pressure in favour of or against any specific trade union. Recalling the importance of the effective prohibition by the national legislation of all acts of interference covered by Article 2 and the establishment of dissuasive penalties, the Committee once again requests the Government to provide information on the effect given to this provision in practice.

Article 4. Promotion of collective bargaining. Determination of the representative workers’ and employers’ organizations. The Committee previously requested the Government to provide information on the determination in practice of the representative nature of workers’ and employers’ organizations. Recalling that such determination should be carried out in accordance with a procedure that offers every guarantee of impartiality, by an independent body that enjoys the confidence of the parties, and without political interference (see General Survey of 2012 on the fundamental Conventions, para. 228), the Committee urges the Government to provide information in this regard. The Committee also once again requests the Government to specify whether section 91 of the Labour Code applies to the conclusion of any collective agreements or only to those at the branch level.

Procedure for the extension of collective agreements. The Committee previously requested the Government to specify the conditions under which the extension procedure provided for in section 94 of the Labour Code may be initiated in practice. Recalling that, in light of the principle of free and voluntary collective bargaining recognized in Article 4 of the Convention, the Committee once again requests the Government to provide information in this regard.

Promotion of free and voluntary collective bargaining. The Committee recalls that the Labour and Employment Advisory Council (CCTE), established under the authority of the Minister of Labour by section 188 of the Labour Code, may, at the request of the Minister, examine any difficulty arising in relation to the negotiation of collective agreements and issue an opinion on any matters relating to the conclusion and application of collective agreements. The Committee once again requests the Government to provide information on the role and activities of the CCTE. With reference to the CTTC’s observations indicating that the last session of the CCTE dates back to October 2019 and that the renewal of its members should already have taken place, the Committee requests the Government to provide information in this regard.

Compulsory arbitration. The Committee previously requested the Government to specify the consequences of a party’s opposition to the arbitration award envisaged in section 243(3) of the Labour Code. Recalling that, in accordance with the principle of free and voluntary collective bargaining set out in Article 4 of the Convention, compulsory arbitration to bring an end to collective labour disputes is only admissible under certain specific circumstances, the Committee once again requests the Government to provide information in this regard.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Labour Code. The Committee recalls that, under the terms of Article 6, only public servants engaged in the administration of the State (that is, public servants who by their functions are directly employed in the administration of the State, such as civil servants in government ministries and other comparable bodies, and ancillary staff) may be excluded from the application of the Convention, while all other persons employed by the Government, by public enterprises or by autonomous public institutions (such as employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel) should benefit from the guarantees provided for in the Convention (see 2012 General Survey on the fundamental Conventions, para. 172). In light of the above, the Committee once again requests the Government to provide the list of public services, enterprises and establishments in which the personnel is governed by a specific legislative or regulatory status and, accordingly, is excluded from the scope of application of section 83 of the Labour Code, and to indicate any provisions which recognize their right to negotiate their terms and conditions of work and employment.

The Committee trusts that the Government will make every effort to provide the requested information in the near future.