Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes the information contained in the Government’s report. It recalls that its previous comments related to the following points.

Article 1 of the Convention. The Committee had noted that section 228 of the Labour Code (Legislative Order No. 67/310 of 9 August 1967) prohibits the dismissal of or discrimination against workers by reason of trade union membership or participation in trade union activities, but that section 49 of the Labour Code only provides for the payment of compensation in the event that a contract of employment is terminated without due cause. The Committee therefore requested the Government to indicate the protection granted to workers whose contracts are terminated for reasons of trade union membership or activities. In its last report, the Government indicates in this respect that workers benefit from the protection set out in sections 48, 49 and 252 of the Labour Code. In the light of these provisions, the Committee notes that workers whose contract is terminated without due cause may receive compensation. In this respect, the Committee has always considered that legislation which allows the employer in practice to terminate the employment of a worker on condition that he pay the compensation provided for by law in all cases of unjustified dismissal, when the real motive is trade union membership or activity, is inadequate under the terms of Article 1 of the Convention, the most appropriate measure being reinstatement (see the General Survey of 1994 on freedom of association and collective bargaining, paragraph 220). The Committee therefore once again requests the Government to indicate, firstly, the protection afforded in practice to workers, whose contracts are terminated for reasons of trade union membership or activities and, secondly, to specify the applicable penalties.

Article 2. The Committee had noted that section 229 of the Labour Code obliges employers’ and workers’ organizations to refrain from any act of interference by each other in their establishment, functioning and administration. In this respect, the Committee once again requests the Government to provide information on the manner in which protection is provided against acts of interference by an individual employer.

Article 4. The Committee had requested the Government to specify the measures adopted to encourage and promote machinery for the negotiation of terms and conditions of employment between the public authorities and workers’ organizations, including in public sector enterprises. In its last report, the Government indicates in this respect that it has established a joint commission with the objectives of: (1) examining the social conditions of state employees and officials; (2) examining the problems of these employees that are specific to their services and administrative situations; and (3) regulating trade union activities in the public administration. Finally, the Government adds that public enterprises are under private management and are also governed by the Labour Code. The Committee notes this information and requests the Government to continue to keep it informed in future reports of the measures taken to encourage and promote the negotiation of the terms and conditions of employment between the public authorities and workers’ organizations in this sector.