Togo

"Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations. Trade union rights of minors. The Committee notes with satisfaction that the provisions of section 12 of the Labour Code of 2006 have been repealed, thereby removing any obstacle to the exercise of the trade union rights of minors who have access to the labour market."

"Essential services. The Committee notes the Government’s indication that the issue of the determination of essential services in the event of a strike has been regulated by section 327 of the new Labour Code, and particularly subsections 3 and 4: “Services shall be considered essential the partial or total interruption of which is likely to seriously prejudice the peace, security, public order or public finances, or endanger the life or health of the whole or part of the population. Services shall also be essential which relate to security, health, education, justice, prison administration, energy, water, State financial institutions, banks and financial establishments, air and maritime transport, and communications, with the exception of private radio and television stations.” In this regard, while recalling that States may restrict or prohibit the right to strike of public servants exercising authority in the name of the State, for example in the field of justice or fiscal administration, as referred to by the legislator, the Committee observes that services such as those relating to security, education, banks and financial establishments, as well as air and maritime transport, cannot be considered essential within the strict sense of the term, that is their interruption would not endanger the life, personal safety or health of the whole or part of the population. The Committee nevertheless emphasizes that, in order to prevent irreversible or disproportionate harm to the professional interests of the parties to a dispute, the authorities could establish a system of a negotiated minimum service in the event of a strike in these services. It also recalls that such a service should genuinely and exclusively be a minimum service, that is one which is limited to the operations that are strictly necessary to meet the basic needs of the population or the minimum requirements of the services, while maintaining the effectiveness of the pressure brought to bear. Moreover, as this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able to participate in defining such a service, along with employers and the public authorities (2012 General Survey on the fundamental Conventions, paragraphs 131, and 137). The Committee therefore requests the Government to take the necessary measures to amend section 327 of the Labour Code so as to adjust the definition of essential services and provide, where appropriate, for a minimum negotiated service in the event of strikes in such services, in accordance with the principles recalled above."