Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cabo Verde (Ratification: 1999)

The Committee notes the Government’s first report.

The Committee notes that a draft Labour Code has been prepared and transmitted to the Office for comments. The Committee, noting that this draft text would repeal most of the legislation in force relating to the application of the Convention, considers it appropriate to comment on the draft text.

Article 2 of the Convention. 1. Scope of application. The Committee notes that section 1 of the draft Labour Code excludes from its scope of application agricultural workers, workers in labour-intensive sectors and dockworkers. The Committee reminds the Government that the Convention applies to all workers, without distinction whatsoever, and requests it to indicate the provisions which guarantee to the above workers the rights afforded by the Convention. The Committee also requests the Government to provide information on the legislation regulating the right to organize of workers in the public sector and to provide a copy of such legislation with its next report.

2. Legal redress. The Committee notes that section 59 of the draft Labour Code, respecting the recognition of the legal personality of workers’ organizations, does not provide for a right of appeal to the courts against any administrative decision relating to the registration of trade unions. The Committee requests the Government to indicate whether this possibility is envisaged in another legislative provision and, if so, to take the necessary measures to incorporate the right of legal redress in the draft Labour Code.

3. The Committee also notes that subsection 4 of section 59 provides that workers’ organizations may not commence their activities until their statutes have been published in the Official Bulletin. The Committee requests the Government to indicate the period required for such publication and, if no such time limit is established, to determine a reasonable period for publication so that no obstacles are created for the establishment of trade unions.

Articles 3 and 10. Right to strike. 1. Replacement of striking workers. The Committee notes that section 110(2) prohibits the recruitment of workers to replace striking workers and permits the employer to conclude a contract with another enterprise for the provision of goods and services which are immobilized as a result of the strike. The Committee considers that the application of subsection 2 should be confined to essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to take the necessary measures to amend the draft Labour Code to bring it into conformity with the Convention, and to keep it informed on this matter.

2. Minimum service. The Committee notes that, in the context of Case No. 2044, the Committee on Freedom of Association drew its attention to section 12 of Legislative Decree No. 76/90 (section 112(4) of the draft Labour Code), under which it is the responsibility of the employer, after hearing the views of the workers’ representatives, to determine  the minimum service in enterprises or establishments with a view to meeting essential social needs. In this respect, the Committee requests the Government to take measures to amend the legislation so as to ensure that, in the event of disagreement between the parties concerning the minimum service to be provided during the strike (the activities to be undertaken and the persons responsible for doing so), this divergence is resolved by an independent body. The Committee requests the Government to keep it informed of any measures adopted in this connection.

The Committee requests the Government to keep it informed of developments relating to the draft Labour Code and to provide a copy as soon as it is adopted.