Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s reply to the comments submitted by the International Trade Union Confederation (ITUC) which refer to the issues examined by the Committee.

The Committee recalls that for several years it has been referring to the following matters.

1. Articles 4 and 6 of the Convention. The Committee previously noted the Government’s indication that it intended to pursue the process of revision of the General Labour Act, Title XI of which contains provisions on collective bargaining, and to take steps to give agricultural workers and dockworkers the rights envisaged in the Convention. The Committee notes that according to the ITUC’s comments, there are only bilateral negotiations between employers and workers, and the Tripartite National Council for National Consultation has not managed to negotiate wages. The Committee notes that the Government only states that collective bargaining is regulated by Chapter XI of Act No. 2/86 and makes no reference to the process of revision of the General Labour Act, in particular the provisions of Title XI on collective bargaining, nor to steps taken to give agricultural workers and dockworkers the rights envisaged in the Convention. In these circumstances, the Committee expresses its concern about the situation and once again asks the Government to provide information in this regard.

2. The Committee notes that the Government has not provided any information on measures taken to secure the adoption of the special legislation which, under section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining for public servants who are not engaged in the administration of the State. Consequently, the Committee once again asks the Government to provide information in this respect.

3. Finally, the Committee previously requested the Government to keep it informed of any developments with regard to the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.) and to send statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee notes the Government’s indication that there are two collective agreements for the banking and telecommunications sectors, and agreements concluded between the Government and the National Union of Workers of Guinea (UNTG). The Committee considers the number of collective agreements in force to be very low. The Committee reminds the Government that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements”. The Committee asks the Government to take specific steps to promote the greater utilization in practice of collective bargaining in the private and public sectors and to keep it informed of any developments in this respect, the number of new agreements concluded and the number of workers covered by such agreements.