Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes the report made by the Government.

The Committee observes that in its previous direct request it asked the Government to provide information on the measures adopted to implement Article 4 of the Convention and in particular to send all the texts of the collective agreements concluded. The Committee regrets to observe that the Government has not provided information in this respect and once again asks it to supply the relevant details in its next report.

Furthermore, as regards the public servants excluded from the scope of the General Labour Law (section 1, paragraph 3), the Committee requested the Government to take measures to ensure that public servants who do not exercise authority in the name of the State, in particular teachers, have the right to bargain collectively. The Committee notes that the Government states that all employees and officials of the administration are covered by section 65 of the Statute on Public Administration Staff (Decree No. 12-A/94) which provides that public servants may be members of a trade union association and participate in strikes declared in accordance with the law. Similarly, the Government indicates that under the provision referred to and section 43 of the Freedom of Association Act (which provides that until such time as a special law is published, freedom of association for workers in public, central, regional and local administrations, and public service institutes, shall be governed by this law), the right to bargain collectively is guaranteed for public services, since section 16 of the Freedom of Association Act acknowledges that they have such a right.

In this respect, the Committee requests the Government to inform it of any possible specific regulation of the right to bargain collectively for employees not engaged in the administration of the State.