Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Cabo Verde (Ratification: 1979)

Article 1, paragraph 2(a), of the Convention. In its previous direct request, the Committee noted that Decree No. 166/85 of 30 December 1985 respecting the exercise of trade union activities within the enterprise guarantees that workers are protected against acts of anti-union discrimination during employment, but that such protection is not guaranteed at the time of recruitment.

In its report, the Government states that section 43 of the Constitution which guarantees freedom of association, covers this contingency. However, it adds that, in so far as a person seeking employment has not yet attained the status of worker he cannot be covered by provisions applying to a worker in the legal sense of the term.

While noting this statement, the Committee recalls that Article 1, paragraph 2(a) of the Convention provides that protection against acts of anti-union discrimination shall apply more particularly in respect of acts calculated to make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership, and makes no reference to the legal status of the worker.

The Committee therefore asks the Government to indicate what guarantees are provided for a worker who is a victim of an act of anti-trade union discrimination at the time of recruitment since, as the Government points out, the Constitution guarantees freedom of association for all citizens.

Article 4 of the Convention. The Committee notes with interest clauses 20-25 of Legislative Decree No. 62/87, concerning collective bargaining.

It requests the Government to provide information on the practical procedures of collective bargaining (number of agreements concluded at national, regional or local levels, sectors covered).