Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's report and recalls that its previous comments referred to the need to enact a decree to implement Legislative Decree No. 62/87 of 30 June 1987 respecting collective bargaining and to provide copies of any existing collective agreements concluded.

The Committee notes the indication in the Government's report of the publication of Act No. 101/IV/93 of 31 December 1993 which amends sections 26 and 30 of the General Legal System of Labour Relations. The Committee notes that section 26, as amended, provides that demands and replies to them in collective bargaining must take into account questions of productivity, the financial situation of the enterprise and the evolution of inflation. Similarly, it lays down that parties to the negotiation process must act in conformity with principles of good faith. In regard to section 30, as amended, paragraph 4 lays down that the parties may, at any moment, conclude a collective agreement despite the existence of administrative decisions to regulate conditions of employment (compulsory arbitration), in accordance with paragraphs 1 and 2 of that section.

The Committee recalls that, having ratified the Convention, the Government is obliged to promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organizations on the one hand and workers' organizations on the other with a view to regulating the terms and conditions of employment not only through legislation but also by other appropriate measures in practice.

The Committee therefore regrets the Government's indication in that it was not possible to send the texts of agreements concluded since workers' and employers' organizations have not made use of the possibilities offered by national legislation for collective bargaining.

The Committee asks the Government once again to provide copies of any national, regional or local collective agreements in force.