Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Paraguay (Ratification: 1966)

The Committee previously requested the Government to provide its comments on the 2022 observations of the International Trade Union Confederation (ITUC) alleging anti-union dismissals, including that of the Chairperson of the National Union of Doctors and in the education sector, as well as other restrictions to freedom of association and collective bargaining in the health sector and the public sector. Regretting the absence of a reply from the Government to these allegations, the Committee once again requests it to provide its comments in this regard.

Articles 1 to 3 of the Convention. Pending legislative matters. The Committee recalls that since 1994 it has been highlighting the inconsistency of certain provisions of the Labour Code with the Convention, specifically in respect of: (i) the absence of legal provisions affording protection to workers who are not trade union leaders against all acts of anti-union discrimination; (ii) the absence of adequate and sufficiently dissuasive penalties for non-observance of the provisions relating to the employment stability of trade union officers and mutual interference between workers’ and employers’ organizations; and (iii) the delays in the application of justice in relation to acts of anti-union discrimination and interference. The Committee also notes that the Committee on Freedom of Association referred to it the legislative aspects of Case No. 3242. In this case, Committee urged the Government, in consultation with the representative social partners, to take additional steps to establish effective protection mechanisms against anti-union discrimination and to ensure that these mechanisms take due account of the situation of trade unions in the establishment and registration stages (see 409th Report of the Committee on Freedom of Association, March 2025, para. 304). The Committee takes due note of 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 urges the Government, in the context of the reform of the Labour Code and after due consultation with the social partners, to take the necessary measures to ensure the full conformity of national law and practice with the requirements of Articles 1 to 3 of the Convention. The Committee requests the Government to report on the progress of this reform and reminds it that it may, if it so wishes, avail itself of the technical assistance of the Office.

Articles 1 and 6. Public servants not engaged in the administration of the State. The Committee recalls that since 2004 it has been requesting the Government to guarantee adequate legislative protection against acts of anti-union discrimination for public servants and employees covered by the Convention. In its most recent comment, it urged the Government to adopt explicit legislative provisions in this respect and to ensure that the existing general mechanisms guarantee those workers effective protection against such acts. The Committee notes the Government’s indication that the current protocols for the management of public sector workers empower various public institutions to use administrative means to deal with the various cases raised in which the rights of public servants were adversely affected, and that Act No. 7445 on the public service and the civil service was adopted in July 2025. The Committee notes that, while section 43 of Act No. 7445 provides for the right of public servants not to be discriminated against on any grounds, the Act contains no provision explicitly prohibiting acts of anti-union discrimination. Emphasizing the need to adopt specific legislative provisions in relation to anti-union discrimination (2012 General Survey on the fundamental Conventions, para. 174), the Committee urges the Government, after due consultation with the social partners, to take the necessary measures to adopt legislative provisions which explicitly prohibit anti-union discrimination in the public sector, accompanied by effective procedures and dissuasive sanctions to ensure their application in practice. The Committee requests the Government to provide information on any developments in this respect.

The Committee also requested the Government to provide: (i) detailed information on the application of the Protocol for action against workplace violence with a gender perspective and the Plan for Equality, Inclusion and the Elimination of Discrimination with regard to the complaints concerning acts of anti-union discrimination against public servants and employees covered by the Convention, including the number of investigations undertaken and the penalties issued, as well as on other measures adopted in this respect, and (ii) information regarding the complaints concerning acts of anti-union discrimination made to the Transparency and Anti-Corruption Directorate under the action protocol and assistance guidelines for cases of labour discrimination and harassment in the public service. Noting with regret that the Government has not provided the requested information, the Committee once again requests it to submit this information. Further noting that the Plan for Equality, Inclusion and the Elimination of Discrimination was valid until 2024, the Committee requests the Government to indicate whether this has been renewed or replaced.

Article 4. Promotion of collective bargaining in practice. The Committee notes the Government’s indication that between 2022 and 2025, the Tripartite Consultative Council (CCT) held 31 meetings, in the form of tripartite and bipartite thematic and sectoral round tables, at which the topics of social dialogue and freedom of association were addressed, as well as the need for regulations on union procedures. It also notes that, according to the statistics communicated by the Government, 20 collective agreements were registered, including four in the public sector and 16 in the private sector, between 2022 and 2025. Observing that the data provided continue to show a limited number of collective agreements concluded, the Committee requests the Government to strengthen the measures taken to promote collective bargaining, including in the CCT, and to provide information in this respect. The Committee also requests the Government to continue to provide information on collective agreements concluded, indicating in particular the number of agreements in force, the specific sectors concerned and the number of workers covered.