Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

The Committee notes the observations of Education International, received on 31 August 2023, alleging anti-union discrimination cases (suspension without pay for taking part in union action or denouncing irregularities). The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Article 2 of the Convention. Protection against acts of interference. The Committee previously recalled that although section 235 of the Labour Code prohibits all acts of interference by employers’ and workers’ organizations in each other’s affairs, section 236 provides that acts of interference shall be defined more precisely in an Order issued by the Minister of Labour and Social Welfare in consultation with the National Labour Council. The Committee notes that the Government merely indicates that the matter will soon be submitted to the National Labour Council. Noting with concern that the Order in question has still not been adopted, the Committee trusts that the Government’s next report will finally indicate that specific progress has been made in this regard, and that the Order will include the various cases envisaged under Article 2 of the Convention.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comments, the Committee requested the Government to take the necessary measures to establish the right to collective bargaining of all public servants not engaged in the administration of the State explicitly in the national legislation, so that the legislation is consistent with the practice. The Committee noted in this regard that while Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees recognizes the right of public servants to organize and to strike and establishes consultative bodies, it does not provide for machinery for collective bargaining on conditions of employment. The Committee noted at the same time that the persons covered by the Act are primarily employees engaged in the administration of the State (section 2). The Committee recalls once again that, under Article 6, the Convention applies to workers and public servants who are not engaged in the administration of the State (for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as transport personnel) (see the 2012 General Survey on the fundamental Conventions, paragraph 172). Noting with regret that there has been no progress on this point, the Committee urges the Government to specify how the right to collective bargaining is granted to various categories of public servants not engaged in the administration of the State and to take, if necessary, steps to ensure that this right is granted to them both in law and in practice. It also requests the Government to provide information on the creation and functioning of the joint Government/trade union committees to which the Government refers in its report, as well as to any collective bargaining process in the public sector.

Branch-level collective bargaining. The Committee observes with concern that the Government does not provide information on the adoption of the Order defining the functioning of the joint committees, provided for under the terms of section 284 of the Labour Code relating to branch-level collective bargaining. Recalling once again that its initial request in relation to this matter was made in 2003, the Committee expresses the firm hope that the Order defining the functioning of the joint committees will be adopted without further delay.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the measures taken or envisaged to promote collective bargaining, the number of collective agreements concluded and in effect in the country, as well as on the sectors concerned and the number of workers covered by these agreements.

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