Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Congo (Ratification: 1960)

The Committee notes that the Government’s report has not been received. It must, therefore, repeat its previous observation, which read as follows:

In its previous comments, the Committee requested the Government to amend the legislation on the minimum service organized by the employer, to be maintained in the public service that is indispensable for safeguarding the general interest (section 248-15 of the Labour Code), in order to limit the minimum service to operations which are strictly necessary to meet the basic needs of the population, within the framework of a negotiated minimum service. The Committee recalls that, since the definition of a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey on freedom of association and collective bargaining, 1994, paragraph 161). The Committee expresses the hope that the text amending section 248-15 of the Labour Code takes account of these principles and requests the Government to send it a copy of the text as soon as possible.

Finally, the Committee requested the Government to keep it informed of developments in the revision of the Labour Code in its next report and to send it a copy of any draft amendment to that Code in order to ensure its conformity with the provisions of the Convention. The Committee requests the Government to send it a copy of the draft revised Labour Code and to continue to keep it informed in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.