Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee notes with regret 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 following points:

Article 4 of the Convention

1. In its previous direct request, the Committee noted with interest Chapter XI of the General Labour Law, 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 nonetheless 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 that are adopted.

2. 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 law on freedom of association of workers in the public service whose existence was brought to the Committee's attention by the information available in the ILO.