E/C.12/MNE/CO/1
contracts in spite of the requirements of the Labour Act in this regard. It also expresses
concern at the inadequate capacity of the Directorate for Inspection Affairs, including the
Labour Inspectorate, to regularize the informal economy, to sanction employers who violate
the Labour Act, and to prevent occupational accidents and diseases (arts. 6 and 7).
The Committee urges the State party to take effective measures to ensure that private
companies respect their obligations to guarantee the right of workers to remuneration
and regular payment of their social and health contributions, as well as their right to
an indefinite contract as stipulated in the Labour Act. The State party should also
increase the resources and the capacity of the Directorate for Inspection Affairs,
including the Labour Inspectorate, to regularize the informal economy and to
effectively ensure just and favourable conditions at work through the implementation
of both preventive and punitive measures.
Trade union rights
15.
The Committee expresses concern at reports of discriminatory acts against trade
union representatives. It is also concerned at restrictions on the right to strike for public
sector employees who do not provide “essential services”, or services which, if interrupted,
would endanger the life, personal safety or health of the whole of or a part of the population
(art. 8).
The Committee calls upon the State party to ensure that workers in both the private
and public sectors enjoy their right to freely form and join trade unions. While noting
the 2013 draft law on strikes, the Committee recommends that the State party ensure
that public sector employees who do not provide essential services are entitled to their
right to strike in accordance with article 8 of the Covenant and ILO Convention
No. 87 concerning Freedom of Association and Protection of the Right to Organise
(1948).
Social security
16.
While welcoming the adoption in May 2013 of the Law on Social and Child
Protection, the Committee is concerned at the lack of capacity of State institutions to
implement the law effectively. It also notes with concern that social assistance benefits,
including for unemployed persons, older persons and persons with disabilities, are
insufficient to ensure an adequate standard of living for the persons concerned and their
families (art. 9).
The Committee calls upon the State party to:
(a)
Ensure the effective implementation of the Law on Social and Child
Protection in practice, including by increasing the capacity of and coordination among
State institutions;
(b)
Increase social assistance benefits, taking into account the Committee’s
general comment No. 19 (2007) on the right to social security, in order to ensure that
all individuals and families throughout the State party, including unemployed
persons, older persons and persons with disabilities, enjoy an adequate standard of
living;
(c)
Provide, in its next periodic report, information on the extent of social
security coverage, disaggregated inter alia by sex, urban/rural population, residency
status and national or ethnic origin.
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