Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cabo Verde (Ratification: 1999)

Article 2 of the Convention. Right of workers and employers to form organizations without prior authorization. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that workers excluded from the scope of the Labour Code, such as self-employed workers, workers governed by the public service regulations, agricultural workers and workers in labour-intensive sectors, benefit from the guarantees laid down in the Convention. The Committee notes that the Government indicates that: (1) under articles 52, 64 and 65 of the Constitution, self-employed workers, workers governed by the public service regulations, agricultural workers and workers in labour-intensive sectors, have the right to form organizations without prior authorization and enjoy freedom of association and freedom to register as organizations; (2) Act No. 42/VII/2009 of 27 July 2009 establishes for public employees the right to collective bargaining and to participate through their trade union associations; (3) regulations for specific legislation applying to agricultural workers and workers in labour-intensive sectors are on the parliamentary agenda for this year; and (4) in the meantime, the provisions of the Labour Code apply. The Committee requests the Government to provide information in relation to any developments in this respect and to provide copies of the legislative texts as soon as they have been adopted. The Committee reminds the Government that it may, should it so wish, seek technical assistance from the Office.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes. Majority required to call a strike. In its previous comments, the Committee noted that section 114(2) of the Labour Code provides that in enterprises where workers are not represented by a union, a strike may be decided upon by the assembly of workers. Such an assembly shall be convened by 20 per cent of the workers, but a decision to call a strike shall be valid only if a majority of the workers are present in the assembly and there is a majority vote by the workers present. The Committee notes, that according to the Government, the legislation contains no provisions on requirements for deciding on a strike where the workers are represented by a union, since unions are authorized by their statutes to declare and halt a strike. While noting the information supplied, in order to bring the legislation into full conformity with the Convention, the Committee asks the Government to take the necessary steps to amend section 114(2) of the Labour Code to ensure that where a vote is held for the purpose of deciding on a strike, only the votes cast are counted.

Replacement of striking workers. In its previous comments, the Committee asked the Government to amend section 120 of the Labour Code which prohibits the recruitment of workers to replace striking workers and allows the employer to conclude a contract with another enterprise for the supply of goods or services immobilized as a result of the strike. It furthermore pointed out that the application of section 120(2) should be confined to essential services in the strict sense of the term, or to public services of fundamental importance, in the event of an acute national or local crisis or non-observance of freely negotiated minimum services. The Committee again asks the Government to take the necessary steps to amend section 120 of the Labour Code along these lines. It asks the Government to provide information on any measures taken to this end in its next report.

Minimum services. The Committee previously asked the Government to take steps to amend section 123 of the Labour Code, which provides that, in the event of disagreement between the parties as to the determination of minimum services, the Government shall establish the minimum services. The Committee points out that any disagreement between the parties about the minimum services to be provided during a strike should be settled by an independent body. The Committee accordingly asks the Government once again to take the necessary measures to amend section 123 of the Labour Code accordingly, and to provide information on any measures taken to this end in its next report.

Civil requisitioning orders. In its previous comments, the Committee requested the Government to amend section 127, which provides that in the event of failure to comply with the provisions on minimum services, the Government may issue civil requisitioning orders. The Committee is of the view that recourse to the requisitioning of workers should be confined to cases in which strikes may be restricted or prohibited, namely: (1) in the public service only for public servants exercising authority in the name of the State; (2) in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population; or (3) in the event of an acute national or local crisis. The Committee requests the Government to take the necessary steps to amend section 127 in order to take account of the abovementioned principle. It asks the Government to provide information on any measures taken to this end in its next report.