Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the Government’s report.

Article 2 of the Convention. The Committee recalls that in its previous direct request it noted that the fines envisaged in the legislation (the Regulations respecting labour inspectors, Decree No. 13-97, providing that in the event of breaches of the provisions of the Labour Code and failure to comply with the measures ordered by inspectors to remedy them, fines of from 2,000 to 10,000 cordobas may be imposed, with 2,000 cordobas being approximately equivalent to US$147) cannot be considered as dissuasive nor as adequate protection against acts of interference. In this connection the Committee notes that the Government: (1) recognizes that their level may not be adequate to guarantee fully protection against acts of interference and indicates that for this reason the Directorate of Trade Union Associations (DAS) places great importance on the role of labour inspectors, which is essential in preventing labour disputes and maintaining the necessary harmonious industrial relations at the enterprise; (2) indicates that for the establishment of a system of fines based on a specific number of minimum wages it would be necessary to undertake a basic reform of the law respecting labour inspection (Decree No. 13-97), as well as reviewing and amending the Act establishing the General Directorate of Income and the Budget Act, so as to include the fines imposed by inspectors within untaxed income; and (3) reports that, with a view to securing the trust and legal certainty of trade union organizations, the DAS is giving effect to resolution No. 15, of July 2002, of the Technical Council of the Ministry of Labour in the sense that information submitted by workers to the Directorate must not be communicated to persons outside the executive boards of workers’ organizations, unless such information is requested by the judicial authorities.

The Committee once again emphasizes the need for the legislation to provide for sanctions that are sufficiently effective and dissuasive against acts of interference by employers or their organizations in trade union affairs. The Committee reminds the Government that it can have recourse to the Office’s technical assistance if it is envisaging the amendment of the legislation referred to in its report. The Committee requests the Government to provide information in its next report on any measure adopted in this connection.

Article 4. The Committee takes due note of the statistics provided by the Government on the number of collective agreements concluded (and workers covered by them) in both the public and the private sectors between 2000 and 2004: 37 in 2000; 25 in 2001; 47 in 2002; 23 in 2003; and 11 in the first half of 2004. It also notes the Government’s indications that the following numbers of agreements have been concluded in export processing zones: two in 2000; seven in 2001; and one in 2002. The Committee notes that, from the data communicated by the Government, it may be inferred that some of the collective agreements concluded in export processing zones in 2001 are still not in force and that it appears that new collective agreements have not been concluded in this sector in 2003 and 2004. The Committee requests the Government to take measures to encourage the negotiation of collective agreements in export processing zones and to provide information in its next report on any measures adopted in this respect.

Finally, the Committee takes note of the comments made by the Confederation of Trade Union Unification (CUS) in a communication of 9 September 2004 and requests the Government to provide its observations thereon.