Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Paraguay (Ratification: 1966)

The Committee notes the observations from the International Trade Union Confederation (ITUC) dated 4 August 2011 and 31 July 2012 and from the National Union of Workers (CNT) dated 31 August 2011, which refer to the issues being examined by the Committee as well as to anti-union practices and to the small number of collective agreements concluded in the public and private sectors. The Committee requests the Government to send its comments in relation to all the observations referred to above.

Pending legislative matters. The Committee recalls that it has been commenting for many years on:

• -the absence of legal provisions affording protection to workers who are not trade union leaders against all acts of anti-union discrimination (article 88 of the Constitution only affords protection against discrimination based on trade union preferences);
• -the absence of adequate penalties for non-observance of the provisions relating to the employment stability of trade unionists and to acts of interference in workers’ and employers’ organizations by each other (the Committee previously indicated that the penalties laid down in the Labour Code for non-compliance with the legal provisions on this point in sections 385, 393 and 395 are not an adequate deterrent, except in the case of a repeat offence by the employer, in which case the fine is doubled); the Committee recalls, with regard to protection against acts of anti-union discrimination, that the Committee on Freedom of Association also asked the Government to ensure, in consultation with the social partners, the effectiveness of national procedures to prevent or punish acts of discrimination (see Case No. 2648, 355th Report, paragraph 963); and
• -the delays in the application of justice in relation to acts of anti-union discrimination and interference.

In its previous comments, the Committee noted the preparation of preliminary draft legislation amending certain sections of the Labour Code and also noted amending Act No. 496/94. The Committee notes the Government’s statement in its report that in 2011 meetings were held with the president of the Legislation Committee of the Chamber of Senators in relation to the preliminary draft legislation to amend certain sections of the Labour Code and that it is proposed to hold an awareness-raising seminar with members of parliament and officers of the judiciary concerning international labour standards, with a view to promoting the progress of the necessary reforms. The Committee trusts that the necessary steps will be taken to modify or amend the provisions concerned in the near future. The Committee invites the Government to avail itself of technical assistance from the Office with respect to the process of amending the legislation. The Committee requests the Government to provide information in its next report on any progress made in this respect.

Article 6 of the Convention. Public servants not engaged in the administration of the State. The Committee recalls that in its previous observation it expressed the view that sections 49 and 124 of the Public Service Act afford adequate protection against the dismissal of trade union officers within the meaning of Article 1 of the Convention but do not cover protection against dismissal or other prejudicial measures against union members because of their membership or legitimate union activities. The Committee notes that the Government does not supply any information on this matter. The Committee again requests the Government to take the necessary steps to establish in the legislation adequate protection against acts of anti-union discrimination against civil servants and public employees, including those who are not trade union officers, and also to establish penalties that act as an adequate deterrent against violations.

Other matters. Promotion of collective bargaining and social dialogue in practice. The Committee notes the indication by the ITUC that, as a result of the Government’s promotion of social dialogue, there are now 14 forums for dialogue; however, collective bargaining only covers 4 per cent of workers. The Committee notes the Government’s indication that between August 2010 and July 2012 a total of 14 collective agreements were concluded in the public sector and 55 in the private sector. The Committee requests the Government to continue to provide information on this subject and to take steps to encourage and promote collective bargaining, as provided for by Article 4 of the Convention.