Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the Government’s report.

1. Article 4 of the Convention. The Committee notes the information provided by the Government on the process of the revision of the General Labour Act, which contains in Title VI provisions respecting collective bargaining. The Government indicates that the coup d’état which occurred in the country in September 2003 and the resulting situation has held up the procedure. The Committee requests the Government to keep it informed in this respect. The Committee also notes that the draft Labour Code provides for the adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural and dock workers. The Committee recalls that the Convention also applies to these workers and requests the Government to take the necessary measures to afford them the rights envisaged by the Convention.

2. The Committee notes that, according to the Government’s report, the collective agreement in the banking sector and the enterprise accord in the telecommunications sector are the only agreements in force in the country. The Committee requests the Government to take measures with a view to promoting collective bargaining and to keep it informed in this respect.

3. Article 6. In its previous comments, the Committee requested the Government to keep it informed with regard to the special legislation which, under the terms of section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee also requested the Government to indicate the collective agreements concluded in this sector under section 43 of the Act on freedom of association. The Government states that the above special legislation has not been adopted yet and that, even though several accords have been signed in the sector, certain have not been complied with due to the situation in the country. The Committee requests the Government to inform it of all the measures taken with a view to the adoption of the special legislation.