Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes with interest the amendments to sections 83 and 94 of the Labour Code adopted by Legislative Decree No. 1/2016 of 3 February 2016, which declares null and void the disciplinary measures imposed on trade union leaders and representatives in the absence of a prior meeting with the trade union concerned.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to provide information on the impact of the 2011 Plan of Action for Collective Bargaining and the work of the National Committee for the Promotion of Collective Bargaining. The Committee welcomes the information provided by the Government on the conclusion of a collective agreement by air traffic controllers and on the ongoing negotiations in other sectors. The Committee also welcomes the organization in 2017, with the support of the Office, of a tripartite workshop on freedom of association and the promotion of collective bargaining, which recommended in its conclusions the reactivation of the National Committee for the Promotion of Collective Bargaining, which has not met since 2012, and the establishment of a workplan for the achievement of its objectives. The Committee also notes that reference is made in these conclusions to the status of the collective agreement of the postal service, which has been submitted to the Directorate-General for Labour and is still awaiting approval. Recalling the principle that, by virtue of the autonomy of the parties to collective bargaining deriving from Article 4 of the Convention, the approval of collective agreements by the public authorities should be confined to verifying compliance with procedural requirements and the minimum standards of protection laid down by the labour legislation (see General Survey on the fundamental Conventions, 2012, paragraph 201), the Committee requests the Government to provide information with regard to the status of the collective agreement of the postal service. The Committee also encourages the Government to continue its efforts to promote collective bargaining and particularly invites it to reactivate the National Committee for the Promotion of Collective Bargaining. The Committee requests the Government to continue indicating the actions taken for the promotion of collective bargaining and the number of collective agreements concluded, the sectors and the number of workers covered.