The Constitution and the Labour Code provide for basic trade union rights, although some workers, including some public administration employees, are excluded. The law bans anti-union discrimination
anti-union discrimination
Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
, but does not provide for sufficiently dissuasive sanctions, and is not backed up by any effective and rapid procedures. Unions have the right to bargain collectively, but may not negotiate on deduction of trade union dues from employees’ pay.
In order to call a lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, all conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
and non-binding arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
procedures must have been exhausted. For strikes in services that are “essential for protecting the general interest”, a minimum service
minimum service
The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.
See Guide to the ITUC international trade union rights framework
must be established. The minimum service
minimum service
The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.
See Guide to the ITUC international trade union rights framework
is organised by the employer and refusal to take part is considered gross misconduct.
Social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
has made very little progress. These last years, there have been a series of social truces, broken promises, warnings to overly anti-authoritarian trade unions. At the beginning of May, the government called the unions to task about the need not to endanger the State’s solvency. The Minister of State, Florent Tsiba, said he was “outraged” by the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in April by the Fédération des travailleurs de la science, des sports, de l’enseignement, de l’information et de la culture (FETRASSEIC) which could in his opinion, have led to “dangerous tensions and chaos”.
Employers’ reluctance to negotiate has led to strikes, some of which have been very long such as at the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at the Société nouvelle des ciments du Congo (SONOCC). A national committee for social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
is due to be set up in 2011 to replace the social truce commission.