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| AFGHANISTAN | 2015 | employers | In law | I. Fundamental civil liberties | 2. Infringements of members of employers' organizations' basic freedoms | g. National legislation | National legislation
Art. 12, Law on Gatherings, Demonstrations and Strikes of 2003: “The use of placards, slogans and pictures is permitted in demonstration and gatherings provided that they are not contrary to social propriety, order, and public safety.”
Art. 13, Law on Gatherings, Demonstrations and Strikes of 2003: “Participants in gatherings, demonstrations, and strikes cannot publish rumours and baseless propaganda that would create shock and horror in society.”
(…)
Art. 16, Law on Gatherings, Demonstrations and Strikes of 2003: “Citizens of other countries cannot participate in demonstrations” |
| AFGHANISTAN | 2015 | employers | In law | II. Right of employers to establish and join organizations | 24. Exclusion of other employers from the right to establish and join organizations | g. National legislation | National legislation
”Art.2 Law on Social Organisations (2003): “(1) Social Organizations (Societies and Associations) are the volunteer union of natural persons, formed with the purpose of pursuing social, cultural, scientific, legal, literary, artistic, and professional objectives in accordance with the provisions of this Law. (2) Natural persons mentioned in paragraph 1 of Article 2 shall be Afghan citizens who have reached 18 years of age.”
Art 18 Law on Social Organizations (2003): “Foreign nationals may obtain an honorary membership of a Social Organization upon approval from the Ministry of Justice”.
Article 13 Labour Law (2007 ): (1) “A person who meets the following qualifications can be recruited as worker: 1.Holds the Afghan citizenship. 2. Completes the age of 18 years. Workers doing light types of work should complete the age of 15 and those trying to learn a profession should complete the age of 14. 3. Presents vocational training certificate that has been certified by the Ministry of Labour, Social Affairs, Martyrs and Disabled. Support staff is exempted from this provision. 4. Presents health certificate issued by the relevant health department of the Ministry of Public Health. 5. Provides a secondary or higher education graduation certificate (for employees only). (…)” |
| AFGHANISTAN | 2015 | employers | In law | II. Right of employers to establish and join organizations | 28. Dissolution/suspension of legally functioning organizations | g. National legislation | National legislation
Art. 12 Law on Social Organizations (2003): “Social Organizations shall be dissolved on the basis of an investigation by the Office of Attorney General, if: 1- Not in compliance with commitments listed in related statutes. 2- Operating in violation of statutes.”
Art 20 Law on Associations: “(1) An association, registered according to provisions of this law, is dissolved by demand of any of its members and suggestion of Ministry of Justice after decision of authorized court under the following circumstances: 1-violation of provisions of legislative documents in Afghanistan. 2- Non-performance of commitments stipulated in its statute. 3-Performance of an activity against provisions of its related statute. (2) If an association commits a violation, which is stimulated a crime by the law; the association shall be introduced to attorney for prosecution. If the crime is proved, in addition to the punishment of its actors, the court will rule to dissolution of association.” |
| AFGHANISTAN | 2015 | employers | In law | II. Right of employers to establish and join organizations | 30. Lack of adequate legal guarantees against acts of interference | g. National legislation | National legislation
No adequate legal guarantees against acts of interferece are provided in national legislation. |
| AFGHANISTAN | 2015 | employers | In law | II. Right of employers to establish and join organizations | 31. Infringements of the right to establish and join federations/confederations/international organizations | g. National legislation | National legislation
Art. 420 Civil Law of 1977: “(1) No association may be related, joined or annexed to another association, commission or club outside Afghanistan, without permission of the competent authority. (2) No association may obtain properties from person, association, commission or club located outside Afghanistan, except with permission of the competent authority. (3) No association may send anything to foreign persons or organizations without permission of the competent authority.” |
| AFGHANISTAN | 2015 | employers | In law | III. Other activities of employers' organizations | 43. Infringements of the right to freely draw up constitutions and internal rules and administration | g. National legislation | National legislation
Art. 5(1) Law on Associations: “ (1) The associations shall not perform against national interest and out of the areas of their registered statute. (…)”
Art 424 Civil Law of 1977: “(1) Association shall have a board of directors. Appointment of members of the board of directors, their powers and obligations and termination of their membership shall be stated in charter of association. (2) Board of directors shall consist of three or more members and period of their service may not exceed three years. (3) Membership shall be renewed according to charter of association.”
Art 426 Civil Law of 1977: “(1) Board of directors shall administer association’s affairs within the limits of powers stated in articles of association. (2) Board of directors shall hold meeting at least twice a month.”
Art 429 Civil Law of 1977: “(1) General assembly shall consist of all members who have fulfilled their obligations according to charter of association. (2) Resolutions of general assembly beyond subjects included in the agenda shall not be valid.”
Art 430 Civil Law of 1977: “Resolutions of general assembly shall be made by the majority of present members to have met the quota of two third of original members. Resolution of general assembly regarding amendment of charter of association shall be made with absolute majority; and regarding dissolution of association, dismissal of members of board of directors, association’s unification or merger with another association shall be made with a two third majority of the members, unless charter of association has stipulated the contrary”. |
| AFGHANISTAN | 2015 | employers | In law | III. Other activities of employers' organizations | 44. Infringements of the right to freely elect representatives | g. National legislation | National legislation
Art 424 Civil Law of 1977: “(1) Association shall have a board of directors. Appointment of members of the board of directors, their powers and obligations and termination of their membership shall be stated in charter of association. (2) Board of directors shall consist of three or more members and period of their service may not exceed three years. (3) Membership shall be renewed according to charter of association.” |
| AFGHANISTAN | 2015 | employers | In law | III. Other activities of employers' organizations | 45. Infringements of the right to freely organize and control financial administration | g. National legislation | National legislation
Art. 16 Law on Associations: “(1) The social organization shall be funded by the following resources: 1- entry due 2- membership due 3- publication dissemination 4- donations and gifts by local citizens and foreigners. (2) In order to achieve their goals stipulated in their respective statutes, the associations can get the financial and technical assistance of the foreign organizations and associations and inform the ministry of justice about that. (3) Financial sources of the associations are open and its assets shall be spent only to achieve its goal.”
Art. 17 Law on Associations: “The associations shall set up a determined bank account in one of Afghanistan local banks and use that.”
Art. 19(2) Law on Associations: “If the general assembly approves dissolution of the association, its assets will be given to a determined source stipulated in its statute under the supervision of The Department of Coordination, Assessment and Registration of Social Organizations and Political Parties. Otherwise, the assets will be given to an association with similar goals. In case there is no association with similar goals, the aforesaid assets shall be distributed to related ministries and departments”
Art. 21(2) Law on Associations: “The court rule its decision to transfer the assets to another association which has similar goals. If there is no association with similar goals, the assets shall be transferred to related ministries”
Art. 420 Civil Law of 1977: “(1) No association may be related, joined or annexed to another association, commission or club outside Afghanistan, without permission of the competent authority. (2) No association may obtain properties from person, association, commission or club located outside Afghanistan, except with permission of the competent authority. (3) No association may send anything to foreign persons or organizations without permission of the competent authority.” |
| AFGHANISTAN | 2015 | employers | In law | III. Other activities of employers' organizations | 46. Infringements of the right to freely organize activities/programmes | g. National legislation | National legislation
Art. 23 Law on Associations: “(1) The Department of Coordination, Assessment and Registration of Social Organizations and Political Parties shall have supervision on the performances of associations and conformity of their performances with their statute and enacted laws. (2) The associations shall submit the reports of their activities and movable and immovable properties and the end of every fiscal year to the Department of Coordination, Assessment and Registration of Social Organizations and Political Parties.”
Article 422 Civil Law of 1977: “(1) Association must notify the competent authority of meeting and agenda of general assembly 15 days in advance. The competent authority may send a representative to participate in association’s general assembly. (2) Association shall have to send reports of general assembly to the competent authority within 15 days since the date of its meeting.” |
| AFGHANISTAN | 2015 | employers | In law | III. Other activities of employers' organizations | 47. Prohibition of all political activities | g. National legislation | National legislation
Art. 5(2) Law on Associations: “ (…)(2) The associations shall not perform political activities and shall not predict political issues in their respective statute.” |
| AFGHANISTAN | 2015 | workers | In law | I. Fundamental civil liberties | 2. Infringements of trade unionists' basic freedoms | g. National legislation | National legislation
Art. 12, Law on Gatherings, Demonstrations and Strikes of 2003: “The use of placards, slogans and pictures is permitted in demonstration and gatherings provided that they are not contrary to social propriety, order, and public safety.”
Art. 13, Law on Gatherings, Demonstrations and Strikes of 2003: “Participants in gatherings, demonstrations, and strikes cannot publish rumours and baseless propaganda that would create shock and horror in society.”
(…)
Art. 16, Law on Gatherings, Demonstrations and Strikes of 2003: “Citizens of other countries cannot participate in demonstrations”
|
| AFGHANISTAN | 2015 | workers | In law | II. Right of workers to establish and join organizations | 24. Exclusion of workers from the right to establish and join organizations | c. Country Baselines | COUNTRY BASELINES UNDER THE 1998 ILO DECLARATION ANNUAL REVIEW (2000-2015)“2005 AR: Prior government authorization is necessary to operate workers’ organizations. Freedom of association can be exercised by all workers in the public service; medical professionals; teachers; agricultural workers; workers in export processing zones (EPZs) or enterprises/industries with EPZ status, migrant workers, workers of all ages, and all categories of employers. However, workers engaged in domestic work or workers in the informal economy, cannot exercise it as the Labour Code does not cover them. Workers in the informal economy can exercise the right to collective bargaining.
2008 AR: The ILO Declaration Expert-Advisers (IDEAs) encouraged the Government of Afghanistan (and few other governments) to initiate the necessary labour law reform to remove the obstacles to the ratification of C.87 and C.98. They acknowledged the high number of promotional activities concerning the PR in Afghanistan (and some other countries), and encouraged the Office to maintain its efforts to support these activities. However, the IDEAs noted that restrictions on the rights of certain categories of workers in Afghanistan (and some other countries), such as workers in the informal economy, to organize, were not compatible with the realization of this principle and right (cf. paragraphs 32, 35 and 38 of the 2008 AR Introduction – ILO: GB.301/3).” |
| AFGHANISTAN | 2015 | workers | In law | II. Right of workers to establish and join organizations | 24. Exclusion of workers from the right to establish and join organizations | g. National legislation | National legislation
”Art.2 Law on Social Organisations (2003): “(1) Social Organizations (Societies and Associations) are the volunteer union of natural persons, formed with the purpose of pursuing social, cultural, scientific, legal, literary, artistic, and professional objectives in accordance with the provisions of this Law. (2) Natural persons mentioned in paragraph 1 of Article 2 shall be Afghan citizens who have reached 18 years of age.”
Art 18 Law on Social Organizations (2003): “Foreign nationals may obtain an honorary membership of a Social Organization upon approval from the Ministry of Justice”.
Article 13 Labour Law (2007): (1) “A person who meets the following qualifications can be recruited as worker: 1.Holds the Afghan citizenship. 2. Completes the age of 18 years. Workers doing light types of work should complete the age of 15 and those trying to learn a profession should complete the age of 14. 3. Presents vocational training certificate that has been certified by the Ministry of Labour, Social Affairs, Martyrs and Disabled. Support staff is exempted from this provision. 4. Presents health certificate issued by the relevant health department of the Ministry of Public Health. 5. Provides a secondary or higher education graduation certificate (for employees only). (…)”
Art. 7 Law on Associations: “Afghan citizens, who reached 18 years of age, shall establish associations in accordance with the provisions of this law”. |
| AFGHANISTAN | 2015 | workers | In law | II. Right of workers to establish and join organizations | 25. Previous authorization requirements | g. National legislation | National legislation
Art.6 Law on Social Organisations (2003): “(1) The application to establish a Social Organization, along with its statutes, shall be presented by the founders of the group, no less than 10 in number, to the Ministry of Justice. (2) The Ministry of Justice shall inform its decision of approval or rejection within 30 days of receiving an application. (3) If the application is approved, the Ministry of Justice shall register and issue an activity permit thereto. (4) If the applicant deems the Justice Ministry’s rejection of the application to be in contradiction to the provisions of the Law, the applicant may appeal with the relevant court.”
Art. 14(3) Law on Associations: “The registration certificate of an association shall be issued by Ministry of Justice for 10000 AFGs and after three years it shall be extended”. |
| AFGHANISTAN | 2015 | workers | In law | II. Right of workers to establish and join organizations | 28. Dissolution/suspension of legally functioning organizations | g. National legislation | National legislation
Art. 12 Law on Social Organizations (2003): “Social Organizations shall be dissolved on the basis of an investigation by the Office of Attorney General, if: 1- Not in compliance with commitments listed in related statutes. 2- Operating in violation of statutes.”
Art 20 Law on Associations: “(1) An association, registered according to provisions of this law, is dissolved by demand of any of its members and suggestion of Ministry of Justice after decision of authorized court under the following circumstances: 1-violation of provisions of legislative documents in Afghanistan. 2- Non-performance of commitments stipulated in its statute. 3-Performance of an activity against provisions of its related statute. (2) If an association commits a violation, which is stimulated a crime by the law; the association shall be introduced to attorney for prosecution. If the crime is proved, in addition to the punishment of its actors, the court will rule to dissolution of association.” |
| AFGHANISTAN | 2015 | workers | In law | II. Right of workers to establish and join organizations | 30. Lack of adequate legal guarantees against anti-union discriminatory measures | g. National legislation | National legislation
No adequate legal guarantees against anti-union discriminatory measures are provided in national legislation. |
| AFGHANISTAN | 2015 | workers | In law | II. Right of workers to establish and join organizations | 32. Lack of adequate legal guarantees against acts of interference | g. National legislation | National legislation
No adequate legal guarantees against acts of interferece are provided in national legislation. |
| AFGHANISTAN | 2015 | workers | In law | II. Right of workers to establish and join organizations | 33. Infringements of the right to establish and join federations/confederations/international organizations | g. National legislation | National legislation
Art. 420 Civil Law of 1977: “(1) No association may be related, joined or annexed to another association, commission or club outside Afghanistan, without permission of the competent authority. (2) No association may obtain properties from person, association, commission or club located outside Afghanistan, except with permission of the competent authority. (3) No association may send anything to foreign persons or organizations without permission of the competent authority.” |
| AFGHANISTAN | 2015 | workers | In law | III. Other union activities | 48. Infringements of the right to freely draw up constitutions and internal rules and administration | g. National legislation | National legislation
Art. 5(1) Law on Associations: “ (1) The associations shall not perform against national interest and out of the areas of their registered statute. (…)”
Art 424 Civil Law of 1977: “(1) Association shall have a board of directors. Appointment of members of the board of directors, their powers and obligations and termination of their membership shall be stated in charter of association. (2) Board of directors shall consist of three or more members and period of their service may not exceed three years. (3) Membership shall be renewed according to charter of association.”
Art 426 Civil Law of 1977: “(1) Board of directors shall administer association’s affairs within the limits of powers stated in articles of association. (2) Board of directors shall hold meeting at least twice a month.”
Art 429 Civil Law of 1977: “(1) General assembly shall consist of all members who have fulfilled their obligations according to charter of association. (2) Resolutions of general assembly beyond subjects included in the agenda shall not be valid.”
Art 430 Civil Law of 1977: “Resolutions of general assembly shall be made by the majority of present members to have met the quota of two third of original members. Resolution of general assembly regarding amendment of charter of association shall be made with absolute majority; and regarding dissolution of association, dismissal of members of board of directors, association’s unification or merger with another association shall be made with a two third majority of the members, unless charter of association has stipulated the contrary”. |
| AFGHANISTAN | 2015 | workers | In law | III. Other union activities | 49. Infringements of the right to freely elect representatives | g. National legislation | National legislation
Art 424 Civil Law of 1977: “(1) Association shall have a board of directors. Appointment of members of the board of directors, their powers and obligations and termination of their membership shall be stated in charter of association. (2) Board of directors shall consist of three or more members and period of their service may not exceed three years. (3) Membership shall be renewed according to charter of association.” |
| AFGHANISTAN | 2015 | workers | In law | III. Other union activities | 50. Infringements of the right to freely organize and control financial administration | g. National legislation | National legislation
Art. 16 Law on Associations: “(1) The social organization shall be funded by the following resources: 1- entry due 2- membership due 3- publication dissemination 4- donations and gifts by local citizens and foreigners. (2) In order to achieve their goals stipulated in their respective statutes, the associations can get the financial and technical assistance of the foreign organizations and associations and inform the ministry of justice about that. (3) Financial sources of the associations are open and its assets shall be spent only to achieve its goal.”
Art. 17 Law on Associations: “The associations shall set up a determined bank account in one of Afghanistan local banks and use that.”
Art. 19(2) Law on Associations: “If the general assembly approves dissolution of the association, its assets will be given to a determined source stipulated in its statute under the supervision of The Department of Coordination, Assessment and Registration of Social Organizations and Political Parties. Otherwise, the assets will be given to an association with similar goals. In case there is no association with similar goals, the aforesaid assets shall be distributed to related ministries and departments”
Art. 21(2) Law on Associations: “The court rule its decision to transfer the assets to another association which has similar goals. If there is no association with similar goals, the assets shall be transferred to related ministries”
Art. 420 Civil Law of 1977: “(1) No association may be related, joined or annexed to another association, commission or club outside Afghanistan, without permission of the competent authority. (2) No association may obtain properties from person, association, commission or club located outside Afghanistan, except with permission of the competent authority. (3) No association may send anything to foreign persons or organizations without permission of the competent authority.”
Article 14, Law on Social Organizations (2003) : “1) Where the court decides to dissolve a Social Organization, one or more persons shall be appointed to oversee the liquidation and distribution of the assets thereof, in accordance with the provisions of the relevant statutes. 2) If no provisions addressing the distribution of assets exist in the statutes of the dissolved organization, the court shall transfer these assets to another organization or establishment with similar objectives. “
“Article 147, Labour Code: “1. Workers and employers unions are social organizations that are established through voluntary participation of respective classes in accordance with provisions of social organizations law. 2. Unions mentioned in paragraph 1 of this article cannot be financed or subsidized by the government or political organizations. 3. The employees have the right to participate in these unions.” |
| AFGHANISTAN | 2015 | workers | In law | III. Other union activities | 51. Infringements of the right to freely organize activities/programmes | g. National legislation | National legislation
Art. 23 Law on Associations: “(1) The Department of Coordination, Assessment and Registration of Social Organizations and Political Parties shall have supervision on the performances of associations and conformity of their performances with their statute and enacted laws. (2) The associations shall submit the reports of their activities and movable and immovable properties and the end of every fiscal year to the Department of Coordination, Assessment and Registration of Social Organizations and Political Parties.”
Article 422 Civil Law of 1977: “(1) Association must notify the competent authority of meeting and agenda of general assembly 15 days in advance. The competent authority may send a representative to participate in association’s general assembly. (2) Association shall have to send reports of general assembly to the competent authority within 15 days since the date of its meeting.” |
| AFGHANISTAN | 2015 | workers | In law | III. Other union activities | 52. Prohibition of all political activities | g. National legislation | National legislation
Art. 5(2) Law on Associations: “ (…)(2) The associations shall not perform political activities and shall not predict political issues in their respective statute.” |
| AFGHANISTAN | 2015 | workers | In law | IV. Right to collective bargaining | 61. Insufficient promotion of collective bargaining | g. National legislation | National legislation
No provision on collective bargaining in national legislation. |
| AFGHANISTAN | 2015 | workers | In law | V. Right to strike | 81. Exclusion of workers from the right to strike | g. National legislation | National legislation
Art. 2 Law on Gatherings, Strikes and Demonstrations (2003): “Citizens of Afghanistan have the right to hold gatherings, strikes, and demonstrations without the bearings of weapons for the realization of their peaceful and lawful goals that are not contrary to national unity and the provisions of the Constitution.”
Art. 16 Law on Gatherings, Strikes and Demonstrations (2003): “Citizens of other countries cannot participate in demonstrations.” |
| AFGHANISTAN | 2015 | workers | In law | V. Right to strike | 82. Exclusion/restriction based on the objective and/or type of the strike | g. National legislation | National legislation
Art. 8, Law on gatherings, strikes and demonstrations (2003): “Gatherings, strikes, and demonstration cannot be held in the vicinity of these places and in these times: a. military establishments; b. depots of explosive and inflammable materials; c. hospitals, nurseries, and the like; d. from sunset to dawn; strike is exempted from this rule; e. 48 hours before the holding of presidential, parliamentary, Loya Jirga elections and Referendum” |
| ALBANIA | 2015 | workers | In law | II. Right of workers to establish and join organizations | 24. Exclusion of workers from the right to establish and join organizations | a. CEACR reports | Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Albania (Ratification: 1957) ”Article 2 of the Convention. Right to organize of foreign workers. With reference to section 5(4) of the Act on Foreigners (No. 9959 of 2008), the Committee had previously requested the Government to take the required measures, where necessary through an amendment to the legislation, to ensure that all workers, including foreign workers without a residence permit, can exercise trade union rights and particularly the right to join organizations which defend their interests as workers. The Committee notes that the new Act on Foreigners (No. 108 of 2013), which repeals Act No. 9959 of 2008, no longer contains the abovementioned provision. However, the Committee notes that section 70 of the new Act provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals. Recalling the provisions of the Constitution of Albania relating to freedom of association (articles 16(1), 46(1) and 50), the Committee requests the Government to take all necessary measures to ensure that all foreign workers, whether with a permanent or temporary residence permit or without residence permit, can exercise trade union rights, and particularly the right to join organizations which defend their interests as workers.” |
| ALBANIA | 2015 | workers | In law | II. Right of workers to establish and join organizations | 30. Lack of adequate legal guarantees against anti-union discriminatory measures | a. CEACR reports | Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Albania (Ratification: 1957) ”Article 1 of the Convention. Effective protection of workers against acts of anti-union discrimination. In its previous comments, the Committee, while noting the remedies provided for in cases of anti-union discrimination in sections 146(3), 202(1), 181(4) and 146(3) of the Labour Code (compensation; fine; prior union consent; reinstatement of public administration employees), had regretted that arbitration tribunals had not yet become operational and that it allegedly took three years to review such cases in court. The Committee had urged the Government to take all necessary measures to establish the arbitration tribunal and labour court provided for in the Labour Code without further delay and had requested information on the status of the legal initiative concerning arbitration. The Committee notes that, according to the Government, the Act on the organization and functioning of administrative courts and the trial of administrative disputes (No. 49 of 2012) provides for the settlement in a shorter period of disputes related to employment relationships where the employer is a public administration body; in this regard, the Committee observes that sections 3 and 25 of this act seek to accelerate the procedure. The Committee also notes the Government’s indication that, in the framework of the drafting of the bill on local and foreign arbitration by the Ministry of Justice, the Ministry of Labour shall contribute in order to reflect the recommendations of the Committee. Recalling that the existence of general legal provisions prohibiting acts of anti-union discrimination is insufficient unless they are accompanied by effective and rapid procedures to ensure their application in practice, the Committee expects that the bill concerning arbitration will be adopted in the very near future and requests the Government to supply copies of the Act once adopted. It urges the Government to take all necessary measures to ensure that the arbitration tribunal as well as the labour court provided for in the Labour Code will be set up in an expeditious manner. Furthermore, the Committee notes the Government’s statement that the bill on the review of the Labour Code now provides for the remedy of reinstatement with respect to employees of the private sector.” |
| ALBANIA | 2015 | workers | In practice | IV. Right to collective bargaining | 71. Insufficient promotion of collective bargaining | a. CEACR reports | Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Albania (Ratification: 1957) ”Article 4. Promotion of collective bargaining. Noting in its previous comments that under section 161 of the Labour Code, collective agreements may be concluded at enterprise or branch level, and that according to the Government no collective agreements at national level had yet been concluded, the Committee had asked the Government to pursue its efforts to make bargaining possible at the national level in conformity with the national law and practice, in particular by mobilizing tripartite forums such as the National Labour Council (NLC). The Committee notes that the Government states that the Ministry of Labour has been continuously committed to the strengthening of social dialogue through discussions on this issue (separately or within the activities of the NLC), participation and referral in various activities or seminars, etc. The Committee invites the Government to pursue its efforts to render voluntary collective bargaining possible at all levels, including at national level, when the parties so desire.” |
| ALBANIA | 2015 | workers | In law | V. Right to strike | 81. Exclusion of workers from the right to strike | a. CEACR reports | Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Albania (Ratification: 1957) ”Article 3. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to take measures to: (i) ensure that all public servants who do not exercise authority in the name of the State are able to exercise the right to strike; and (ii) amend section 197/7(4) of the Labour Code concerning sympathy strikes. The Committee notes from the Government’s report that: (i) it has been proposed that the new bill on the civil service provides for the right to strike of public servants; and (ii) the relevant provision in the bill on the review of the Labour Code has been, in consultation and agreement with the social partners, reworded to ensure that workers are able to stage sympathy strikes provided that the initial supported strike is itself lawful. The Committee requests the Government to provide information in its next report with respect to the adoption of the new bill on the civil service as well as of the bill on the review of the Labour Code.” |
| ALBANIA | 2015 | workers | In law | V. Right to strike | 82. Exclusion/restriction based on the objective and/or type of the strike | a. CEACR reports | Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Albania (Ratification: 1957) ”Article 3. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to take measures to: (i) ensure that all public servants who do not exercise authority in the name of the State are able to exercise the right to strike; and (ii) amend section 197/7(4) of the Labour Code concerning sympathy strikes. The Committee notes from the Government’s report that: (i) it has been proposed that the new bill on the civil service provides for the right to strike of public servants; and (ii) the relevant provision in the bill on the review of the Labour Code has been, in consultation and agreement with the social partners, reworded to ensure that workers are able to stage sympathy strikes provided that the initial supported strike is itself lawful. The Committee requests the Government to provide information in its next report with respect to the adoption of the new bill on the civil service as well as of the bill on the review of the Labour Code.” |
| ALGERIA | 2015 | workers | In law | II. Right of workers to establish and join organizations | 24. Exclusion of workers from the right to establish and join organizations | a. CEACR reports | Observation (CEACR) - adopted 2015, published 105th ILC session (2016)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Algeria (Ratification: 1962) “Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its comments have focused on section 6 of Act No. 90-14 of 2 June 1990 on the exercise of the right to organize, which restricts the right to establish a trade union organization to persons who are Algerian by birth or who have had Algerian nationality for at least ten years. The Committee notes the Government’s indication that the Act in question will be amended as requested in order to secure the right to form trade unions for foreign nationals. Regardless of efforts to lower the threshold period of acquisition of Algerian nationality for the purpose of exercising trade union rights, the Committee trusts that the Government will take measures to revise section 6 of Act No. 90-14 without further delay so as to secure to all workers, without distinction as to nationality, the right to establish a trade union.” |
| ALGERIA | 2015 | workers | In law | II. Right of workers to establish and join organizations | 33. Infringements of the right to establish and join federations/confederations/international organizations | a. CEACR reports | Observation (CEACR) - adopted 2015, published 105th ILC session (2016)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Algeria (Ratification: 1962) “Article 5. Right to establish federations and confederations. The Committee recalls that its comments have focused on sections 2 and 4 of Act No. 90-14 which, read together, have the effect of limiting the right to establish federations and confederations to one occupation or branch or to the same sector of activity. The Committee notes the Government’s indication that section 4 of the Act will be amended to include a definition of federations and confederations. The Committee trusts that the Government will take all necessary measures to revise section 4 of Act No. 90-14 without further delay in order to remove any obstacles to the establishment by workers’ organizations of federations and confederations of their choosing, irrespective of the sector to which they belong.” |
| ALGERIA | 2015 | workers | In practice | II. Right of workers to establish and join organizations | 37. Previous authorization requirements | a. CEACR reports | Observation (CEACR) - adopted 2015, published 105th ILC session (2016)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Algeria (Ratification: 1962) “The Committee notes that the June 2015 conclusions of the Conference Committee refer to the need for the Government to ensure that there are no obstacles, in law or practice, to the registration of trade unions and to act expeditiously to process pending applications for trade union registration. The Committee notes that, in its report, the Government refers to the registration of five trade unions in 2015 in various sectors, bringing the number of registered trade unions and employers’ organizations to 100. The Committee nevertheless notes with regret that the Government has not provided information on the situation of the organizations, mentioned by the ITUC in its observations, whose registration has been pending for several years. Those organizations are the Higher Education Teachers’ Union (SESS), the National Autonomous Union of Postal Workers (SNAP) and the CGATA. The Committee also notes, with regard to the SESS and the SNAP, whose first applications for registration were submitted in 2012, that these trade unions have lodged a complaint with the Committee on Freedom of Association, which has requested the Government to process their registration as a matter of urgency (Case No. 2944, 374th Report, paragraph 17). Noting the observations of the ITUC and the CGATA on the ongoing challenges for newly established independent trade unions to obtain registration, the Committee recalls that a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization, in accordance with Article 2 of the Convention. The Committee therefore urges the Government to guarantee the speedy registration of trade unions which have met the requirements set out by law, and trusts that it will report on the registration of the SESS, SNAP and CGATA in the very near future.” |
| ALGERIA | 2015 | workers | In practice | II. Right of workers to establish and join organizations | 37. Previous authorization requirements | f. CFA cases | Case No 2944
No 374, March 2015
Allegations: The complainants denounce the systematic refusal of the authorities to process the application to register submitted by the trade union organizations “17. The Committee takes note of the information provided by the complainants and the Government. While noting with satisfaction the registration of SONELGAZ, the Committee expresses its concern at the particularly long delay in processing the registration of SESS and SNAP – whose applications for registration were submitted in January and June 2012 respectively – despite the fact that these organizations have stated that they have met all the conditions set by the authorities in the registration process. In particular, the Committee notes with concern SNAP’s claim that because the union is not registered it is prevented from carrying out its routine business and adequately protecting the interests of its members, and recalls that a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 307]. The Committee expects the Government to register SESS and SNAP without delay provided they have met the conditions required by the administration, and to be kept informed in this regard.” |
| ALGERIA | 2015 | workers | In practice | II. Right of workers to establish and join organizations | 42. Committed against trade union officials re violation no. 41 | f. CFA cases | Case 2153
Report No 365, November 2012
Report No. 353 (Vol. XCII, 2009, Series B, No. 1)
Allegations: “Obstacles to the establishment of a trade union confederation and the exercise of trade union rights, anti-union dismissals, anti-union harassment by the public authorities, and the arbitrary arrest and detention of union members” Report No 365, November 2012
”16. The Committee takes note of the latest information provided by the Government on the present case. The Committee is awaiting information on the outcome of the appeal lodged as part of the case concerning Mr Mourad Tchikou, as well as on the situation of Mr Sadou Saddek, particularly on whether he has taken up his new post following his return from sick leave.” Report No. 353 (Vol. XCII, 2009, Series B, No. 1)
“30. As regards the situation of a number of the SNAPAP delegates, in particular Mr Mourad Tchikou and Mr Rabah Mebarki, in the absence of any information on the expected judicial rulings, the Committee trusts that definitive rulings will be handed down by the competent courts in the near future and that the Government will keep it informed of any follow-up action taken by the employer and the situation of the trade unionists concerned following those rulings. The Committee requests the Government or the complainant organization to supply information on any ruling by the Supreme Court on the legal proceedings initiated against Mr Mohamed Hadj Djilani by the second faction within the SNAPAP and to indicate whether Mr Keddour Houari, following his dismissal for abandoning his post in March 2006, instigated legal proceedings to challenge that decision. Lastly, with regard to the appeal lodged by Mr Sadek Sadou and his application to suspend the disciplinary sanctions against him, the Committee requests the Government to keep it informed of the outcome. The Committee recalls that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105].” |
| ALGERIA | 2015 | workers | In practice | II. Right of workers to establish and join organizations | 43. Lack of guarantee of due process and/or justice re violation no. 41 | f. CFA cases | Case 2153
Report No 365, November 2012
Report No. 353 (Vol. XCII, 2009, Series B, No. 1)
Allegations: “Obstacles to the establishment of a trade union confederation and the exercise of trade union rights, anti-union dismissals, anti-union harassment by the public authorities, and the arbitrary arrest and detention of union members” Report No 365, November 2012
”16. The Committee takes note of the latest information provided by the Government on the present case. The Committee is awaiting information on the outcome of the appeal lodged as part of the case concerning Mr Mourad Tchikou, as well as on the situation of Mr Sadou Saddek, particularly on whether he has taken up his new post following his return from sick leave.” Report No. 353 (Vol. XCII, 2009, Series B, No. 1)
“30. As regards the situation of a number of the SNAPAP delegates, in particular Mr Mourad Tchikou and Mr Rabah Mebarki, in the absence of any information on the expected judicial rulings, the Committee trusts that definitive rulings will be handed down by the competent courts in the near future and that the Government will keep it informed of any follow-up action taken by the employer and the situation of the trade unionists concerned following those rulings. The Committee requests the Government or the complainant organization to supply information on any ruling by the Supreme Court on the legal proceedings initiated against Mr Mohamed Hadj Djilani by the second faction within the SNAPAP and to indicate whether Mr Keddour Houari, following his dismissal for abandoning his post in March 2006, instigated legal proceedings to challenge that decision. Lastly, with regard to the appeal lodged by Mr Sadek Sadou and his application to suspend the disciplinary sanctions against him, the Committee requests the Government to keep it informed of the outcome. The Committee recalls that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105].” |
| ALGERIA | 2015 | workers | In law | III. Other union activities | 49. Infringements of the right to freely elect representatives | a. CEACR reports | Observation (CEACR) - adopted 2019, published 109th ILC session (2021)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Algeria (Ratification: 1962)
”Article 3. Restrictions on access to trade union office. Finally, the Committee notes the observation made by the high-level mission concerning the application of section 2 of Act No. 90-14, which could in practice limit the full enjoyment and exercise of freedom of association. According to the mission, the use of the term “salaried employees” in section 2 of Act No. 90-14 could have the consequence in practice of limiting access to trade union office. The discussions held by the mission revealed that the dismissal of a trade union leader (or a founder member of an organization awaiting approval) in a specific enterprise or administrative body resulted in the loss of the status of salaried employee, and consequently de jure of the status of trade union officer under the terms of section 2 of Act No. 90-14. The mission observed that this situation was liable to prejudice the freedom of action of the organization and its right to elect its representatives in full freedom. In this regard, the Committee recalls that it considers that the requirement to belong to an occupation or to an enterprise in order to be able to hold trade union office is a requirement that infringes the right of organizations to draw up their constitutions and to elect their representatives in full freedom. It prevents trade unions from being able to elect qualified persons (such as full-time union officers or pensioners) or deprives them of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks. There is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see the 2012 General Survey on the fundamental Conventions, paragraph 102). In light of the above, the Committee requests the Government to consult the social partners urgently on the measures to be taken to amend the requirements resulting from the application of section 2 of Act No. 90-14 so that trade union office in an enterprise or establishment is no longer restricted to persons employed by the enterprise or establishment, or to remove the requirement to belong to the occupation or to be an employee for at least a reasonable proportion of trade union officers. The Committee requests the Government to report any progress in this respect.” |
| ALGERIA | 2015 | workers | In law | IV. Right to collective bargaining | 65. Excessive requirements and/or lack of objective, pre-established and precise criteria for the determination/recognition of trade unions entitled to collective bargaining | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Algeria (Ratification: 1962) “4. Right of collective bargaining. The Committee notes that, according to the ITUC’s observations, a trade union must provide evidence that it represents at least 20 per cent of the total number of workers in a bargaining unit and at least 20 per cent of the participation committee within the employer’s organization in order to be able to bargain collectively. In this respect, the Committee recalls that, from its point of view, while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, the Committee considers, in cases where no union meets these conditions, or does not enjoy such exclusive rights, minority trade unions should at least be able to conclude a collective or direct agreement on behalf of their own members (see General Survey on the fundamental rights, 2012, paragraph 226) The Committee requests the Government to guarantee the respect of this principle and to continue providing statistics on the number of collective or direct agreements registered, both in the private and public sectors.” |
| ANGOLA | 2015 | workers | In law | II. Right of workers to establish and join organizations | 25. Previous authorization requirements | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Angola (Ratification: 2001) Committee takes note of the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) in 2014 concerning matters already examined in its comments.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Legislative reforms. In its previous comments, the Committee had noted new bills revising the Trade Unions Act No. 21-C/92 and the Strikes Act No. 23/91 that contained a number of amendments it had suggested. With a view to ensuring conformity with Articles 2 and 3 of the Convention, the Committee had requested the Government to: • ”– amend section 3 of the Trade Unions Act No. 21-C/92 providing that first level organizations must include in their membership at least 30 per cent of workers in the occupational branches and sectors of economic activity at the provincial level, by lowering the percentage of workers needed to establish a first-level organization. The Committee had noted that according to the Government the new bill repeals section 3;” |
| ANGOLA | 2015 | workers | In law | II. Right of workers to establish and join organizations | 30. Lack of adequate legal guarantees against anti-union discriminatory measures | a. CEACR reports | Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Angola (Ratification: 1976)
"Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes that section 49 of the new General Labour Act removes the power of employers to apply the disciplinary measures of temporary transfer, wage reduction and demotion. The Committee also notes that, in sections 207(1)(a), 208(3) and 209, the new Act preserves the special protection of trade union representatives, the invalidity of dismissal based on the union membership of the worker and in both cases establishes the requirement to reinstate the worker and make up the unpaid wages and additional emoluments. The Committee also observes that, while the new Act does not establish specific fines penalizing acts of anti-union discrimination, section 308 provides generally that violations of the provisions of the Act and the related legislation shall be punishable by fines, the amount of which shall be fixed by a specific standard. Recalling the importance that the penalties applicable for anti-union acts are sufficiently dissuasive, the Committee requests the Government to indicate to which standard section 308 of the Labour Act refers and to specify if this standard establishes fines for anti-union acts that are distinct from those provided for by Trade Union Act No. 21-D/92."
Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Angola (Ratification: 1976)
”Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee observed that while the General Labour Act No. 7/2015 does not establish specific fines penalizing acts of anti-union discrimination, section 308 provides generally that violations of the provisions of the Act and the related legislation shall be punishable by fines, the amount of which shall be fixed by a specific standard. The Committee notes that the Government confines itself to indicating that this question should be answered in the framework of the current legislative reforms (revision of the Collective Bargaining Act No. 20-A/92, the Trade Unions Act No. 21-D/92 and the Strikes Act No. 23/92). Noting that the Government does not indicate the standard to which section 308 of the General Labour Act of 2015 refers, the Committee requests the Government to ensure that the necessary legislative and regulatory measures are adopted in order to guarantee the application of sufficiently dissuasive penalties against acts of anti-union discrimination. The Committee requests the Government to provide information on any progress made in this regard.” |
| ANGOLA | 2015 | workers | In law | IV. Right to collective bargaining | 62. Exclusion of workers from the right to collective bargaining | a. CEACR reports | Observation (CEACR) - adopted 2014, published 104th ILC session (2015)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Angola (Ratification: 1976) ”The Committee notes the observations from the International Trade Union Confederation (ITUC), received on 1 September 2014, concerning issues already examined by the Committee.
Articles 4 and 6 of the Convention. Right to collective bargaining of public employees not engaged in the administration of the State. For several years the Committee has been asking the Government to take the necessary steps to:
– ensure that the trade union organizations of public servants who are not engaged in the administration of the State have, under the new Constitution adopted in 2010, the right to negotiate with their public employers regarding terms and conditions of employment as well as wages;” |
| ANGOLA | 2015 | workers | In law | IV. Right to collective bargaining | 64. Compulsory arbitration accorded to collective bargaining | a. CEACR reports | Observation (CEACR) - adopted 2014, published 104th ILC session (2015)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Angola (Ratification: 1976) ”The Committee notes the observations from the International Trade Union Confederation (ITUC), received on 1 September 2014, concerning issues already examined by the Committee.
Articles 4 and 6 of the Convention. Right to collective bargaining of public employees not engaged in the administration of the State. For several years the Committee has been asking the Government to take the necessary steps to:
• – ensure that the trade union organizations of public servants who are not engaged in the administration of the State have, under the new Constitution adopted in 2010, the right to negotiate with their public employers regarding terms and conditions of employment as well as wages;
• – amend sections 20 and 28 of Collective Bargaining Act No. 20-A/92 so that compulsory arbitration may only be imposed for essential services in the strict sense of the term (namely, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population).” |
| ANGOLA | 2015 | workers | In practice | IV. Right to collective bargaining | 71. Insufficient promotion of collective bargaining | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Angola (Ratification: 1976) ”Article 4 of the Convention. Measures to stimulate and promote collective bargaining. In its previous comments, having noted the limited number of collective agreements in force, the Committee asked the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level, indicating the number of collective agreements in force and also the number of workers covered by these collective agreements. Noting with regret that the Government’s report does not contain information in this respect, the Committee again requests the Government to provide the requested information.” |
| ANGOLA | 2015 | workers | In law | V. Right to strike | 81. Exclusion of workers from the right to strike | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Angola (Ratification: 2001) Committee takes note of the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) in 2014 concerning matters already examined in its comments.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Legislative reforms. In its previous comments, the Committee had noted new bills revising the Trade Unions Act No. 21-C/92 and the Strikes Act No. 23/91 that contained a number of amendments it had suggested. With a view to ensuring conformity with Articles 2 and 3 of the Convention, the Committee had requested the Government to:
(...)
• "– amend section 6 of the Strikes Act No. 23/91, which bans strike action by civilian workers in military institutions, so as to ensure that these workers may resort to strike action without incurring any punishment;” |
| ANGOLA | 2015 | workers | In law | V. Right to strike | 82. Exclusion/restriction based on the objective and/or type of the strike | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Angola (Ratification: 2001) Committee takes note of the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) in 2014 concerning matters already examined in its comments.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Legislative reforms. In its previous comments, the Committee had noted new bills revising the Trade Unions Act No. 21-C/92 and the Strikes Act No. 23/91 that contained a number of amendments it had suggested. With a view to ensuring conformity with Articles 2 and 3 of the Convention, the Committee had requested the Government to:
(...)
“- amend section 2(2) of the Strikes Act No. 23/91 (providing that any reduction or alteration of hours and methods of work that have been agreed upon collectively and do not imply refusal to work are not treated as a strike and may therefore be subject to disciplinary action), so as to ensure that these other forms of collective action are not subject to disciplinary measures;”
(...)
"Committee takes note of the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) in 2014 concerning matters already examined in its comments.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Legislative reforms. In its previous comments, the Committee had noted new bills revising the Trade Unions Act No. 21-C/92 and the Strikes Act No. 23/91 that contained a number of amendments it had suggested. With a view to ensuring conformity with Articles 2 and 3 of the Convention, the Committee had requested the Government to:
(...)
”– indicate whether sympathy strikes or protest actions for economic and social policy considerations not contemplated in section 3 of the Strikes Act No. 23/91 can be held without incurring penalties. The Committee had requested the Government to take the necessary steps to ensure that the new legislation did not exclude sympathy strikes or actions to protest against economic and social policy;” |
| ANGOLA | 2015 | workers | In law | V. Right to strike | 85. Infringements of the determination of minimum services | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Angola (Ratification: 2001) Committee takes note of the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) in 2014 concerning matters already examined in its comments.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Legislative reforms. In its previous comments, the Committee had noted new bills revising the Trade Unions Act No. 21-C/92 and the Strikes Act No. 23/91 that contained a number of amendments it had suggested. With a view to ensuring conformity with Articles 2 and 3 of the Convention, the Committee had requested the Government to:
(...)
• ”provide clarification of the wording of section 20(1) of the Strikes Act No. 23/91, which provides that workers and trade unions in public utilities must, in the event of a strike, provide “through pickets”, the services required to meet the basic needs of the population, and to indicate the exact meaning of the term “pickets” and the manner in which the necessary minimum services are determined in such an event. The Committee had requested the Government to take advantage of the legislative reform to draft section 20(1) more precisely and to ensure that minimum services were determined not by the public authorities alone but with the employers’ and workers’ organizations concerned and that any disagreement should be settled by an independent body;” |
| ANGOLA | 2015 | workers | In law | V. Right to strike | 86. Compulsory arbitration accorded to strikes | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Angola (Ratification: 2001) Committee takes note of the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) in 2014 concerning matters already examined in its comments.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Legislative reforms. In its previous comments, the Committee had noted new bills revising the Trade Unions Act No. 21-C/92 and the Strikes Act No. 23/91 that contained a number of amendments it had suggested. With a view to ensuring conformity with Articles 2 and 3 of the Convention, the Committee had requested the Government to:
(...)
• ”– provide information on section 8(1) of the Strikes Act No. 23/91, under which the right to strike of workers in ports, airports, railways, air transport, and any other enterprise that provides essential goods or services for the army shall be exercised in the manner that does not affect the supplies needed for national defence. The Government had indicated in its previous report that the bill revising the Strikes Act repealed this section and the Committee had therefore requested the Government to ensure that section 8(2) (providing for compulsory arbitration and for a mediation procedure in the case provided for under section 8(1)) was also repealed;” |
| ANGOLA | 2015 | workers | In law | V. Right to strike | 87. Excessive prerequisites required for exercising the right to strike | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Angola (Ratification: 2001) Committee takes note of the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) in 2014 concerning matters already examined in its comments.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Legislative reforms. In its previous comments, the Committee had noted new bills revising the Trade Unions Act No. 21-C/92 and the Strikes Act No. 23/91 that contained a number of amendments it had suggested. With a view to ensuring conformity with Articles 2 and 3 of the Convention, the Committee had requested the Government to:
(...)
• ”– amend section 10 of the Strikes Act No. 23/91, providing that a strike may be declared only if two-thirds of the workers present in the assembly so agree and that the employer is entitled to demand the presence of a representative of the public authority at any assembly for the calling of a strike in order to check that it is properly constituted and its decisions properly adopted;” |
| ANGOLA | 2015 | workers | In law | V. Right to strike | 88. Acts of interference during the course of strike action | a. CEACR reports | Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Angola (Ratification: 2001) Committee takes note of the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) in 2014 concerning matters already examined in its comments.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Legislative reforms. In its previous comments, the Committee had noted new bills revising the Trade Unions Act No. 21-C/92 and the Strikes Act No. 23/91 that contained a number of amendments it had suggested. With a view to ensuring conformity with Articles 2 and 3 of the Convention, the Committee had requested the Government to:
(...)
• ”– amend section 20(3) of the Strikes Act No. 23/91, which allows workers to be requisitioned in the event of a strike in: (a) the postal services; (b) fuel supply; (c) public transport; and (d) the loading and unloading of foodstuffs, since these are not essential services in the strict sense of the term (that is, services the interruption of which would endanger the lives, personal safety or health of the whole or part of the population). The Committee recalls that, although employers may demand compliance with minimum services established with the participation of workers’ organizations, requisitioning by a decision of the administrative authorities should be possible only in the following cases: (i) in the public service only for officials in positions of authority acting on behalf of the State; (ii) in essential services in the strict sense of the term, that is services the interruption of which would endanger the lives, personal safety or health of the whole or part of the population; and (iii) in an acute national or local emergency. Negotiated minimum services might be demanded in cases (a), (b), (c) and (d);” |