Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Paraguay (Ratification: 1962)

The Committee notes the Government's report and in particular that the questions it had raised have been brought before the legislature and judiciary. In this regard, the Committee recalls that its previous comments referred to various provisions of the Labour Code, as follows:

1. The restriction that a worker, including if he or she holds more than one part-time employment contract, may join only one union, in either the enterprise, industry, occupation or trade (section 293(c)). In this connection, the Committee considers that workers must be able to be members of the unions for each one of the categories in which they work, when they engage in more than one occupation in various enterprises or sectors, and also if they so wish, to be members of a trade union at the enterprise or industry level.

2. The requirement that trade unions must comply with all requests for consultations or reports from the labour authorities (sections 290(f) and 304(c)). Regarding this question, the Committee considers that such a requirement should be limited to annual financial reports or members' complaints of breaches of the law or their rules.

3. The requirement that for a strike to be called, its sole purpose must be the direct protection of the workers' occupational interests (sections 358 and 376(a)), without specifying whether this also covers economic and social interests of workers, and the prohibition for trade unions to become involved in political issues (section 305(a)). On this matter, the Committee once again reminds the Government that trade unions responsible for defending workers' socio-economic and occupational interests should, in principle, be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and the standard of living.

4. The obligation to ensure a minimum service in the event of a strike in public services which are essential to the community without the participation of workers' organizations in defending such service (section 362). On this subject, the Committee recalls that workers' organizations should be able, if they so wish, to participate in defining such service, along with employers and the public authorities.

The Committee expresses the firm hope that, in conformity with the principles of freedom of association mentioned above, the Government will take measures to ensure the application of the Convention, including the necessary amendments to the legislation. The Committee requests the Government to provide information in its next report on all measures adopted or envisaged in this respect.