Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee takes due note of the comments provided by the Government in response to observations of the International Trade Union Confederation (ITUC) to the inadequate provisions in the General Labour Act regarding the protection against anti-union discrimination, and to observations of the National Workers Union of Guinea (UNTG–CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. In this regard, the Committee notes the Government’s indication that: (i) the existing gaps in the General Labour Act regarding the protection against anti-union discrimination are filled by the application of the Constitution and the Freedom of Association Act (Law No. 08/91), recognizing, however, that its application in practice needs to be increased; and (ii) regarding the need to strengthen the capacity of the courts to enforce the labour legislation, there was the implementation of a judicial sector reform plan, approved in 2011, but that this reform is suspended since the coup d’état, which took place in 2012, and up to now has not been properly resumed. Recalling the importance of effective and rapid procedures and sufficiently dissuasive sanctions to prevent and redress all acts of anti-union discrimination and taking note of the Government’s indication that there is room for improvement in this regard, the Committee requests the Government to take all necessary measures to reinforce the protection mechanisms against acts of anti-union discrimination. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this respect.

Scope of the Convention. Agricultural workers and dockworkers. Public servants not engaged in the administration of the State. For several years, the Committee has been requesting the Government to provide information on the status of the draft legislation regarding the guarantee of the right to organize and the right to collective bargaining to agricultural workers and dockworkers. The Committee notes the Government’s indication that the General Labour Act, contains provisions on collective bargaining and the adoption of measures to guarantee the above-mentioned rights to agricultural workers and dockworkers and that in the new Labour Code, currently under approval, these matters are adequately addressed. Underlining that all categories of workers to whom the Convention applies should be clearly and effectively covered by the relevant domestic legislation, the Committee requests the Government to take the necessary measures to ensure the conformity of the new Labour Code with the Convention.

The Committee has also been requesting the Government to provide information on measures taken to adopt the special legislation which, under section 2(2) of Act No. 8/91 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 notes the Government’s indication that it will initiate discussions next year on the possibility of adopting a law on the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee requests the Government to take all necessary measures, in consultation with the social partners, to ensure that public servants not engaged in the administration of the State enjoy collective bargaining rights under the Convention. It requests the Government to provide information on any progress made in this respect.

Promotion of collective bargaining. In previous comments, the Committee had requested the Government to take specific measures to promote greater use in practice of collective bargaining in the private and the public sectors, and to report any developments in the situation, indicating the number of new agreements concluded and the number of workers covered. The Committee notes the Government’s indication that it has developed activities towards the promotion of the right to collective bargaining in the private and the public sectors, such as trainings and lectures. In the absence of information on the number of new agreements concluded and the number of workers covered by collective agreements, the Committee reiterates its request.

The Committee hopes that the new Labour Code will be adopted, without further delay, and that it will be in conformity with the provisions of the Convention. In this respect, the Committee reminds the Government that it can avail itself of the technical assistance of the Office if it so wishes.