Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guinea - Bissau (Ratification: 1977)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

Article 1 of the Convention

1. With reference to its previous comments, the Committee takes note of the information provided by the Government, to the effect that employers are liable to penal sanctions for any act of anti-union discrimination against a worker.

However, the Committee considers that protection against acts of anti-union discrimination appears to apply only in the course of the workers' employment.

The Committee recalls that such protection must also be ensured at the recruitment stage, and requests the Government to indicate under which provision protection is applied and, in the absence of such a provision, to take dissuasive steps to extend protection against acts of anti-union discrimination, to the recruitment stage.

Article 2 of the Convention

2. The Committee takes note of the information provided by the Government, to the effect that the provisions relating to the rights, duties and guarantees of employers and workers contained in the LGT (sections 19, 20, 23, 24 and 25) guarantee the application of Article 2 of the Convention.

The Committee wishes to point out that the purpose of the principle of non-interference laid down in Article 2 of the Convention is to prevent the establishment of workers' organisations under the domination or control of an employer, by financial or other means.

The Committee considers that the provisions referred to by the Government do not ensure such protection. The Committee therefore hopes that a specific provision ensuring that trade unions enjoy protection against acts of interference by employers and employers' organisations, will be adopted in the near future.

Article 4 of the Convention

3. In its previous direct request, the Committee noted with interest Chapter XI of the LGT, concerning collective bargaining, in particular section 175 under which the competent authority (SEPCE) shall appoint representatives to assist in the process of collective bargaining while respecting the independence of the parties concerned.

The Committee none the less notes that no agreement has yet been concluded and that, according to the Government, this is due to the fact that the draft legislation on employers' associations and economic agents has not yet been adopted.

The Committee stresses that it is important for workers that their conditions of employment be negotiated collectively and that, under Article 4 of the Convention, the Government must take the necessary measures to promote the development of machinery for voluntary negotiation of collective agreements. It requests the Government to continue to supply information on the effect given in law to Article 4 and, in particular, to provide the text of any collective agreements adopted, as well as the draft statute of trade union organisations and the text concerning trade union organisations referred to by the Government in its report.

4. In its previous direct request, the Committee noted that public servants were excluded from the General Labour Law (LGT) and requested information on the measures taken to extend the application of the Convention to public servants not engaged in the administration of the State.

The Committee notes the statement made by the Government in its report, to the effect that the committee responsible for revising the conditions of employment of public servants, by virtue of a decision of 17 February 1983 issued by the Office of the Prime Minister, submitted a Bill which should be adopted by the National Assembly in the near future.

The Committee requests the Government to specify the categories of public servants covered by the above Bill and to indicate the measures taken to grant public servants who are excluded from the LGT but who are not engaged in the administration of the State, in particular teachers, the right to negotiate collectively their employment conditions. It also requests the Government to supply the new text of the conditions of employment of the public service as soon as it is adopted.