Paraguay

"Articles 2 and 3 of the Convention. Pending legislative issues. The Committee recalls that for many years it has been highlighting the inconsistency of certain provisions of the Labour Code with the Convention, specifically in respect of: -the requirement of an unduly large number of workers (300) to establish a branch trade union (section 292); -the prohibition on joining more than one union, whether at the level of the enterprise or industry, occupation or trade, or institution (section 293(c)); -the imposition of unduly demanding conditions of eligibility for office on the executive committee of a trade union (section 293(d) and 298(a)); -the requirement for trade unions to respond to all requests from the labour authorities for consultations or reports (sections 290(f) and 304(c)); -the obligation to provide a minimum service in the event of a strike in public services that are essential to the community without any requirement to consult the employers’ and workers’ organizations concerned (section 362); and -the requirement that, for a strike to be called, its sole purpose must be directly and exclusively linked to the workers’ occupational interests (sections 358 and 376(a)). The Committee recalls that in its previous observation, it noted the Government’s indication that it had requested ILO technical assistance and was recruiting an expert to formulate a draft bill to bring the Labour Code into line with ratified Conventions relating to freedom of association. The Committee regretsto note the Government’s indication that no such bill has yet been drafted. The Committee also notes, from the observations of the CUT–A, that no progress has been made in respect of the measures adopted by the Government regarding pending legislative questions. The Committee urges the Government, in consultation with the social partners, to take the necessary measures to align the Labour Code with the Convention. The Committee requests the Government to report on progress made in this respect and recalls that the Government may avail itself of ILO technical assistance."