Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - San Marino (Ratification: 1986)

The Committee had previously taken due note of the adoption on 9 May 2016 of Act No. 59 on freedom of association and union activity in the workplace, collective bargaining and the right to strike. It had noted that Act No. 59 allows for the conclusion of sectoral collective agreements with erga omnes effect, that is, applicable to all enterprises and workers in a given sector. The Committee had requested the Government to provide information on the application in practice of the new legislation. The Committee notes that the Government informs that this new legislation has not yet been fully implemented in the public sector and in parts of the private sector. It also notes its indication that no collective agreements have so far been renewed on the basis of the provisions of Act No. 59 but that collective bargaining has been started in the banking sector according to the conditions laid down in Act. The Committee further notes the Government’s indication that a technological platform has been set up to measure the representativeness of workers' organizations and employers' associations, in order to simplify the role of the Guarantee Committee, which is required to define their level of representativity of the social partners at the time of the start and conclusion of negotiations. The Committee requests the Government to continue to provide detailed information on the implementation of the new legislation and its application in practice, indicating in particular the number of collective agreements newly concluded or renewed in the country.

Article 4 of the Convention. Mechanisms for determining representativeness. The Guarantee Committee. In its previous comment, the Committee had requested the Government, on the one hand, to provide information on the appointment in practice of the Guarantee Committee’s members and, on the other hand, to clarify whether only the supervisory body could appeal to the labour court in relation to a decision made by the Guarantee Committee or whether any workers’ or employers’ organization were also in a position to do so. The Committee notes the Government’s indication that the Guarantee Committee is composed by a jurist, who chairs it and is appointed by the State Congress (a collegiate body which brings together the ministers of the Government) after consulting workers’ and employers’ organizations, and by two experts in labour law, respectively designated, by the employers' associations and the workers’ organizations. The Committee notes that the Government reports that only the supervisory body may refer a decision of the Guarantee Committee to the labour court but that it is understood that anyone who believes that their rights have been infringed by a decision of the Guarantee Committee may appeal against such decisions to the court. The Committee requests the Government to continue to provide practical information on the determination of the representativeness of workers' organizations and employers' associations by the Guarantee Committee.