Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - France (Ratification: 1951)

In its previous comments, the Committee noted that section 10 of the Act of 21 August 2007 (Act No. 2007-1224) on social dialogue and continuity of the public service in regular land passenger transport provides that “the remuneration of an employee participating in a strike, including the wage and its direct and indirect supplements, with the exclusion of supplements for family responsibilities, shall be reduced on the basis of the time not worked by reason of participation in the strike”. It asked the Government to indicate whether this provision precluded the conclusion of specific agreements on this subject. The Committee notes the Government’s statement that this provision does not change existing practice under which remuneration of all or some of the strike days may be the subject of bargaining to end a dispute and that it does not, therefore, restrict the scope of the bargaining.

The Committee takes note of the observations received from the United Confederation of Workers (CTU) and the International Trade Union Confederation (ITUC) in communications of 22 April and 26 August 2009, respectively, and the Government’s replies to the matters raised.