Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Paraguay (Ratification: 1966)

The Committee notes that the Government's report contains no specific information on the questions raised and recalls that its previous comments referred to:

- the lack of provisions protecting workers who are not trade union leaders against dismissal for trade union activities;

- the inadequacy of penalties amounting to a fine of from 10 to 30 days' wages in the event of the non-observance of the provisions of the Labour Code including in case of anti-union discrimination or interference where there are no other special penalties (section 385 of the new Labour Code), as well as the penalty for 30 days' minimum wage for violations by the employer of the protection set out in section 393 of the same Code against the dismissal of trade union leaders;

- the prohibition on the establishment of associations of employers (sections 10 and 12 of the "Memoranda of agreement on labour relations and social security in the hydro-power plant Yacyreta'".

In regard to the first two points, the Committee stresses that Article 1 of the Convention guarantees all workers adequate protection against acts of anti-union discrimination both at the time of recruitment and during employment and covers all discriminatory measures (dismissal, transfer, downgrading or other prejudicial acts) and that the effectiveness of the legal provisions depends to a great extent on the way in which they are applied in practice so as to ensure that they are sufficiently dissuasive.

The Committee once again requests the Government to take measures to bring its legislation into conformity with the requirements of the Convention regarding the two points mentioned above and to inform it of any developments in the matter.

With regard to the prohibition on the establishment of employers' associations (sections 10 and 12 of the "Memoranda of agreement on labour relations and social security in the hydro-power plant Yacyreta'"), the Committee requests the Government to inform it whether these sections have been repealed since they would allow serious interference by the public authorities with free collective bargaining as provided in Article 4 of the Convention.