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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Timor-Leste (Ratification: 2009)

Articles 1, 2, 3, 4 and 6 of the Convention. Personal scope of the Convention. Civil servants not engaged in the administration of the State and domestic workers. For several years, the committee has been asking the Government to provide information regarding the adoption of a decree-law on the establishment and functioning of public servants’ trade unions referred to in section 115.2 of the Statute of Civil Service, as well as the adoption of the law on domestic work. The Committee notes with regret that the Government has not provided the requested information concerning the decree-law and merely indicates that the law on domestic work has not yet been adopted. The Committee once again requests the Government to provide a copy of the decree-law or other normative text regulating how civil servants – other than those engaged in the administration of the State – enjoy the guarantees provided in the Convention, including as to collective bargaining. The Committee once again expects that the law on domestic work will soon be adopted and requests the Government to provide a copy thereof.

Articles 2 and 3. Adequate protection against acts of interference. For several years, the Committee has been asking the Government to provide information on the existence of specific legislation providing for sanctions against acts of interference. The Committee notes that the Government reiterates that there is no specific legislation applicable to acts of interference and that no complaint has been received in this area. Emphasizing the need to adopt specific legislation to provide adequate protection against acts of interference, the Committee requests the Government to inform on any progress made in this regard.

Article 4. Collective bargaining. Compulsory arbitration. In its previous comments, the Committee had requested the Government to ensure that arbitration or court adjudication is imposed only in relation to public servants engaged in the administration of the State, in essential services in the strict sense of the term or in cases of acute national crisis. The Committee notes that the Government once again merely refers to article 97.1 of the Labour Law that describes the different avenues for resolving both individual and collective disputes. Recalling that article 97.1 of the Labour Law refers to the possible intervention of the tribunals to solve both individual and collective disputes and that article 97.5 states that collective labour disputes are submitted, at the request of the parties involved, to arbitration by the Labour Arbitration Council, the Committee expects the Government to ensure that arbitration or court adjudication is not imposed to the parties to collective bargaining beyond the limited situations mentioned above.

Promotion of Collective bargaining in practice. The Committee takes due note of the information provided by the Government concerning an agreement concluded between the Timor-Leste Trade Union Confederation (KSTL) and the Chamber of Commerce and Industry of Timor-Leste (CCI-TL), as well as the attention brought to the informal economy. The Committee requests the Government to provide further information on the above-mentioned agreement and on any collective agreements in force in the country, and to report on the progress made in promoting collective bargaining in all sectors of the economy, including the informal economy.

The Committee recalls that the Government may avail itself of the technical assistance of the Office in order to give full implementation to the Convention.