D.R Congo

"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."

"Articles 2 and 5 of the Convention. Right to organize in the public service. In its previous comments, the Committee noted that: (i) under the terms of section 94 of Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees, freedom of association is guaranteed for public service employees; and (ii) under section 93 of the Act, the exercise of the right to strike by public service employees can only be restricted under the conditions established by the law, in particular, so as to ensure the normal provision of “public services of vital interest, which cannot suffer any type of interruption.” A Decree of the Prime Minister establishes the list of services of vital interest, as well as the details of the minimum service in these services. The Committee notes the Government’s indications that a copy of the Decree will be communicated following its publication in the Official Journal. In this regard, the Committee recalls that the right to strike may be restricted or prohibited: (i) in the public service only for public servants exercising authority in the name of the State; or (ii) in essential services in the strict sense of the term; or (iii) in the case of an acute national or local crisis. The Committee trusts that the Decree in question will be adopted shortly, taking into account the Committee’s observations, and requests the Government to provide a copy of the Decree with its next report. Articles 3 and 4. Other legislative and regulatory issues. In its previous comments, the Committee requested the Government, on numerous occasions, to take steps to amend: (i) section 11 of Order No. 12/CVAB.MIN/TPS/113/2005 of 26 October 2005, which prohibits striking workers from entering and remaining on work premises affected by the strike; (ii) section 326 of the Labour Code and in that regard suggested including an additional provision stipulating that penalties against strikers must be proportionate to the offence committed and that no prison sentence shall be imposed unless criminal or violent acts have been committed; (iii) section 28 of Act No. 016/2002 concerning the establishment, organization and functioning of labour tribunals so as to allow recourse to the labour tribunal, should conciliation and mediation procedures have been exhausted, only on the basis of a voluntary decision of the parties to the dispute; and (iv) section 251 of the Labour Code to ensure that the issue of the dissolution of trade union organizations will be regulated by their union constitutions and rules."