Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Nicaragua (Ratification: 1967)

The Committee notes the Government's report on and promulgation of the new Labour Code on 30 October 1996.

Articles 1 and 2 of the Convention. The Committee notes that the new Labour Code and the Trade Union Association's Regulations (Decree No. 10-97) ensure the protection of trade union officers against dismissal and sanctions, and of workers who express their wish to form or join trade unions, but that they contain no provisions affording protection from acts of discrimination against workers, either during the employment relationship (dismissals, transfers etc.) or at the time of recruitment. The Committee also notes that the legislation does not ban interference by employers in trade unions nor interference by trade unions in employers' organizations.

The Committee therefore asks the Government to take steps to include in the legislation provisions to protect workers against acts of anti-union discrimination, and to protect trade unions against acts of interference by employers, and employers and their organizations against interference by trade unions, in particular by establishing effective and sufficiently dissuasive sanctions for such acts.