Consultation and processes of restructuring, rationalization and staff reduction (Consultation with the organizations of workers and employers)

935. The Committee can examine allegations concerning economic rationalization programmes and restructuring processes, whether or not they imply redundancies or the transfer of enterprises or services from the public to the private sector, only in so far as they might have given rise to acts of discrimination or interference against trade unions. In any case, the Committee can only regret that in the rationalization and staff-reduction process, the government did not consult or try to reach an agreement with the trade union organizations.

(See 291st Report, Case No. 1708, para. 189; see also 286th Report, Case No. 1609, para. 434; 292nd Report, Cases Nos. 1620 and 1702, para. 280; 294th Report, Case No. 1569, para. 16; and 297th Report, Case No. 1767, para. 302.)

936. Rationalization and staff reduction processes should involve consultations or attempts to reach agreement with the trade union organizations, without giving preference to proceeding by decree and ministerial decision.

(See 286th Report, Case No. 1609, para. 435.)

937. The Committee has emphasized that it is important that governments consult with trade union organizations to discuss the consequences of restructuring programmes on the employment and working conditions of employees.

(See 286th Report, Case No. 1609, para. 437; and 292nd Report, Cases Nos. 1620 and 1702, para. 282.)

938. In a case concerning a rationalization and staff reduction process, the Committee regretted that the government had preferred to proceed unilaterally in this matter by decree.

(See 291st Report, Cases Nos. 1648 and 1650, para. 471.)

939. With regard to the allegation concerning measures taken to induce workers in the public sector to give up their posts in the context of redundancy programmes in return for financial compensation, the Committee regretted that in the course of the staff reduction process there was no consultation and no attempt to come to an agreement with the trade union organizations.

(See 286th Report, Cases Nos. 1648 and 1650, para. 462.)

940. Although it is not within the Committee's competence to comment on economic measures which a government may take in difficult times or on the recommendation of the International Monetary Fund, the Committee nevertheless notes that decisions involving the dismissal of large numbers of workers should be discussed extensively with the trade union organizations concerned with a view to planning the occupational future of these workers in the light of the country's opportunities.

(See 246th Report, Case No. 1378, para. 139.)