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

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

The Committee takes note of the promulgation of Legislative Decree No. 170/91 of 27 November 1991 repealing Legislative Decrees No. 50/80 of 12 July 1980 and No. 166/85 of 30 December 1985.

The Committee notes with satisfaction that the new Decree embodies in section 11 the protection of freedom of association in employment, by providing in subsection (a) for the prohibition of any agreement or act designed to make the engagement of a worker conditional upon his joining or not joining a trade union organisation or withdrawing from one which he has joined, and in subsection (b) by making it unlawful to prejudice a worker in any way by dismissing him or transferring him to another post on the grounds of his joining or not joining a trade union organisation or of his trade union activities. Section 37(3) provides for a fine in case of inobservance of the above provisions.

The Committee reminds the Government that it has taken note with interest clauses 20 and 25 of Legislative Decree No. 62/87 of 30 June 1987 concerning collective bargaining. In this connection the Committee again asks the Government to report on developments in the practice of collective bargaining (number of agreements concluded at the national, regional or local level and sectors covered). The Committee expresses the hope that at its next session it will have before it the Government's reply on this subject.