Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guinea (Ratification: 1959)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee requested the Government clarify the possible cumulation, in case of acts constituting anti-union discrimination, of the financial penalties provided in the legislation and the annulment of these acts and their effects. The Committee notes the Government’s indications that in case of dismissal that is unjustified as a result of its anti-union character or of any other anti-union act by the employer, those acts shall be null and void, the employer responsible for the act shall be liable for damages to the worker concerned and shall reinstate the worker in his or her post. The Committee notes these elements and requests the Government to provide information on the implementation in practice of the different provisions of the Labour Code prohibiting anti-union discrimination. Noting that the process of revising the Labour Code is currently under way, the Committee also requests the Government to provide information on any change made to the legislation in this regard.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to ensure that the prohibition of anti-union interference set out in the Labour Code covers all of the acts prohibited in the Convention and to provide information on the application of the provisions of the Labour Code prohibiting and sanctioning those acts. The Committee notes that the Government is ready to consider the concerns expressed by the Committee within the framework of the revision of the Labour Code. It also notes the Government’s indication that it is not able to supply precise information regarding the application of section 523.30 of the Labour Code, which provides financial penalties in cases of anti-union discrimination and interference. Noting the Government’s commitment, the Committee requests it to take steps to ensure that, within the framework of the current revision of the Labour Code, the prohibition of anti-union interference covers all of the acts prohibited by the Convention. Moreover, the Committee once again requests the Government to provide information regarding the application of section 523.30 of the Labour Code sanctioning acts of anti-union interference.

Article 4. Promotion of collective bargaining. Determination of the representativity of trade union organizations. In its previous comments, recalling Committee on Freedom of Association Case No. 3169, the Committee requested the Government to provide information on appeals against Decree No. D/2014/257/PRG/SGG regulating social elections in the public, para-public and private sectors. The Committee notes the Government’s indication that no legal or administrative appeal has been lodged in respect of said Decree. The Committee observes however that the Government had indicated in its previous report that the judicial and administrative appeals lodged against the Decree were following their normal course before the Supreme Court, which would transfer them at the appropriate time to the Constitutional Court. The Committee further observes that in its examination of the above-mentioned case, the Committee on Freedom of Association had requested the Government to indicate whether the choice of enterprises where the social elections were held in 2015, pursuant to said Decree, had been the subject of consultation with the social partners and to indicate the relevant criteria. Stressing once again the need, for the sound application of the Convention, of the existence of objective and reliable mechanisms for the determination of the representative character of trade unions, the Committee requests the Government to initiate consultations with all trade union organizations on the content of the Decree No. D/2014/257/PRG/SGG and on the holding of the next social elections.

Right of collective bargaining in practice. The Committee notes the information provided by the Government regarding the existence of sectoral collective agreements, in particular for banks and insurance, ports, construction and public works, and also in hotels and restaurants. Furthermore, the collective agreement for the press sector had been drawn up, but not promulgated, while that for mines and quarries is under negotiation. Noting that the Government is unable to provide statistical information on the number of workers currently covered by the collective agreements, the Committee requests the Government to continue to provide information on signed collective agreements and the sectors concerned, as well as the number of workers covered, once that information is available. The Committee also requests the Government to provide information on reasons why the collective agreement for the press has not been promulgated.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee emphasized the need to ensure that protection against acts of anti-union discrimination is not confined solely to trade union delegates and to extend it to all workers. The Committee notes with interest that the new Labour Code contains in its preliminary Title a section prohibiting discrimination in all its forms, including discrimination based on membership or not of a trade union and on trade union activity, and which provides that any act or measure contrary to this prohibition shall be absolutely null and void, unless an exception is set out in the specific provisions of the Labour Code or any other law or regulation. Noting that several provisions of the Labour Code, some of which relate to unjustified termination of employment (section 172(10)) and in other cases to anti-union acts (sections 321(1) and 523(19)) provide for the payment of damages or fines, the Committee requests the Government to specify whether these financial penalties are in addition to the act being null and void, as set out in the preliminary Title of the Labour Code, and whether the anti-union nature of dismissal or any other act by the employer also results in the reinstatement of the worker in the conditions of work or employment applicable prior to the anti-union act. In general terms, the Committee also requests the Government to provide information on the effect given in practice to the various provisions of the Labour Code prohibiting anti-union discrimination.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had emphasized the need to include in the draft new Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by effective and expeditious procedures and sufficiently dissuasive penalties. The Committee notes that section 332(7) of the new Labour Code prohibits interference by the employer in trade union activities. Noting the general nature of the wording of section 332(7) of the Labour Code, the Committee requests the Government to take measures, including legislative measures where necessary, to ensure that the prohibition of anti-union interference set out in the Labour Code effectively covers all of the acts prohibited by Article 2 of the Convention.

The Committee also notes that, in accordance with section 523(30) of the Labour Code, acts of interference give rise to a fine of between GNF2 and 5 million. While recalling the importance of the provision of dissuasive penalties so as to ensure compliance with Article 2 of the Convention in practice, the Committee requests the Government to provide information on the effect given to the provisions of the Labour Code which prohibit and sanction acts of anti-union interference.

Article 4. Promotion of collective bargaining. Determination of the representativity of trade union organizations. In its previous comments, the Committee requested the Government to indicate any new developments in relation to the judicial and administrative appeals against Decree No. D/2014/257/PRG/SGG regulating social elections in the public, para-public and private sectors. The Committee notes the Government’s indication that the judicial and administrative appeals lodged against the Decree are following their normal course and are currently before the Supreme Court, which will transfer them at the appropriate time to the Constitutional Court. Recalling the need for the sound application of the Convention, of the existence of objective and reliable mechanisms for the determination of the representative character of trade unions, and observing that this matter has been raised in a case examined by the Committee on Freedom of Association (Case No. 3169), the Committee emphasizes the importance for the competent courts to issue their decisions rapidly on the appeals lodged against Decree No. D/2014/257/PRG/SGG and requests the Government to provide information on any further developments in this regard.

Right of collective bargaining in practice. The Committee notes the information provided by the Government concerning three sectoral collective agreements concluded between 2015 and 2017, and those that are being drafted in the airports and press sectors. The Committee invites the Government to continue providing information on the collective agreements concluded, the sectors concerned and the number of workers covered.

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

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee emphasized the need to ensure that protection against acts of anti-union discrimination is not confined solely to trade union delegates and to extend it to all workers. The Committee notes with interest that the new Labour Code contains in its preliminary Title a section prohibiting discrimination in all its forms, including discrimination based on membership or not of a trade union and on trade union activity, and which provides that any act or measure contrary to this prohibition shall be absolutely null and void, unless an exception is set out in the specific provisions of the Labour Code or any other law or regulation. Noting that several provisions of the Labour Code, some of which relate to unjustified termination of employment (section 172(10)) and in other cases to anti-union acts (sections 321(1) and 523(19)) provide for the payment of damages or fines, the Committee requests the Government to specify whether these financial penalties are in addition to the act being null and void, as set out in the preliminary Title of the Labour Code, and whether the anti-union nature of dismissal or any other act by the employer also results in the reinstatement of the worker in the conditions of work or employment applicable prior to the anti-union act. In general terms, the Committee also requests the Government to provide information on the effect given in practice to the various provisions of the Labour Code prohibiting anti-union discrimination.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had emphasized the need to include in the draft new Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by effective and expeditious procedures and sufficiently dissuasive penalties. The Committee notes that section 332(7) of the new Labour Code prohibits interference by the employer in trade union activities. Noting the general nature of the wording of section 332(7) of the Labour Code, the Committee requests the Government to take measures, including legislative measures where necessary, to ensure that the prohibition of anti-union interference set out in the Labour Code effectively covers all of the acts prohibited by Article 2 of the Convention.

The Committee also notes that, in accordance with section 523(30) of the Labour Code, acts of interference give rise to a fine of between GNF2 and 5 million. While recalling the importance of the provision of dissuasive penalties so as to ensure compliance with Article 2 of the Convention in practice, the Committee requests the Government to provide information on the effect given to the provisions of the Labour Code which prohibit and sanction acts of anti-union interference.

Article 4. Promotion of collective bargaining. Determination of the representativity of trade union organizations. In its previous comments, the Committee requested the Government to indicate any new developments in relation to the judicial and administrative appeals against Decree No. D/2014/257/PRG/SGG regulating social elections in the public, para-public and private sectors. The Committee notes the Government’s indication that the judicial and administrative appeals lodged against the Decree are following their normal course and are currently before the Supreme Court, which will transfer them at the appropriate time to the Constitutional Court. Recalling the need for the sound application of the Convention, of the existence of objective and reliable mechanisms for the determination of the representative character of trade unions, and observing that this matter has been raised in a case examined by the Committee on Freedom of Association (Case No. 3169), the Committee emphasizes the importance for the competent courts to issue their decisions rapidly on the appeals lodged against Decree No. D/2014/257/PRG/SGG and requests the Government to provide information on any further developments in this regard.

Right of collective bargaining in practice. The Committee notes the information provided by the Government concerning three sectoral collective agreements concluded between 2015 and 2017, and those that are being drafted in the airports and press sectors. The Committee invites the Government to continue providing information on the collective agreements concluded, the sectors concerned and the number of workers covered.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government on the work leading to the determination of the representativity of Guinean employers’ organizations in March 2016. The Committee notes that in June 2016 the Committee on Freedom of Association examined a case in which several trade union organizations challenged the process for determining, through elections, the representativity of trade unions in the public and private sectors, and in particular Decree No. D/2014/257/PRG/SGG of 18 December 2014 issuing regulations for these elections (Case No. 3169, 378th Report). The Committee requests the Government to indicate any new developments in relation to the judicial and administrative appeals launched against this Decree.

Furthermore, the Committee notes the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014), especially the provisions relating to the negotiation and implementation of collective agreements (Book 4, Titles 1 and 2). The Committee invites the Government to provide information on the application in practice of these provisions, including the collective agreements concluded by the social partners, the sectors concerned and the number of workers covered.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Social dialogue. The Committee notes the Government’s indication that it has just established a forum for periodic consultation with the social partners, and this has enabled negotiations to be held aimed at improving workers’ living conditions. The Committee requests the Government to supply information on the functioning of this forum for periodic consultation and on any further steps taken to develop social dialogue.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observations from workers’ organizations. The Committee notes the observations dated 31 July 2012 from the International Trade Union Confederation (ITUC), which are dealt with in the observation relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 1 of the Convention. Protection against anti-union discrimination. In its previous comments the Committee underlined the need to include in the national legislation specific provisions: (1) to protect all workers, and not only trade union delegates, against acts of anti-union discrimination at the time of recruitment and during employment; (2) to provide explicitly for appeal procedures and penalties acting as an adequate deterrent against acts of anti-union discrimination and interference; and (3) to provide for rapid appeal procedures and penalties acting as an adequate deterrent for violations of section 3 of the draft new Labour Code (which provides that no employer may take account of membership of a trade union and trade union activities of workers in making decisions about recruitment, performance and distribution of work, and termination of the employment contract). The Committee notes the Government’s statement that these issues were not a subject of discussion during the first session of the Labour and Social Legislation Advisory Committee, but that they might be placed on the agenda during forthcoming sessions and before the next legislative consultations. The Committee expresses the strong hope that the Labour and Social Legislation Advisory Committee will deal with these issues in the very near future and requests the Government to provide information on this matter. The Committee also requests the Government to provide information on any developments regarding the establishment of the national body for social dialogue which it mentions in its report relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 2. Protection against acts of interference In its previous comment the Committee emphasized the need to include in the draft new Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, together with efficient and speedy procedures and penalties acting as an adequate deterrent. The Committee notes the Government’s statement that section 321(1) and (2) of the draft Code provides for protection against acts of interference. The Committee requests the Government to provide information on the status of the legislative process concerning the new draft Labour Code – which has been at the preparation stage for many years – and to send a copy once it has been adopted. The Committee hopes that the Government will take the necessary steps to ensure that the new Labour Code is in full conformity with the provisions of the Convention.

Social dialogue. The Committee notes the Government’s indication that it has just established a forum for periodic consultation with the social partners, and this has enabled negotiations to be held aimed at improving workers’ living conditions. The Committee requests the Government to supply information on the functioning of this forum for periodic consultation and on any further steps taken to develop social dialogue.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention. Need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as provided in the Labour Code, against acts of anti-union discrimination at the time of recruitment and during employment; (b) to provide expressly for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference; (c) to provide for rapid appeal procedures and sufficiently dissuasive sanctions for violations of section 3 of the draft new Labour Code, which provides that no employer may take into consideration membership of a trade union and trade union activities of workers in making decisions about recruitment, performance and distribution of work, termination of the employment contract, etc.

Article 2. Need to include in the draft Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by efficient and expeditious procedures and sufficiently dissuasive sanctions.

The Committee trusts that the Government will take the necessary steps to ensure that the provisions of the new Labour Code, which have been under preparation for many years, are fully consistent with Articles 1 and 2 of the Convention. The Committee requests the Government to indicate all progress towards this end in its next report.

Finally, the Committee notes the comments made by the International Trade Union Confederation (ITUC) and requests the Government to provide its reply.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. Need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as provided in the Labour Code, against acts of anti-union discrimination at the time of recruitment and during employment; (b) to provide expressly for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference; (c) to provide for rapid appeal procedures and sufficiently dissuasive sanctions for violations of section 3 of the draft new Labour Code, which provides that no employer may take into consideration membership of a trade union and trade union activities of workers in making decisions about recruitment, performance and distribution of work, termination of the employment contract, etc.

Article 2. Need to include in the draft Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by efficient and expeditious procedures and sufficiently dissuasive sanctions.

The Committee trusts that the Government will take the necessary steps to ensure that the provisions of the new Labour Code, which have been under preparation for many years, are fully consistent with Articles 1 and 2 of the Convention. The Committee requests the Government to indicate all progress towards this end in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, the Committee notes the comments made by the International Trade Union Confederation (ITUC) and requests the Government to provide its reply.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee takes note of the observations made by the International Trade Union Confederation (ITUC) concerning in particular any anti-union dismissals.

Article 1 of the Convention. Need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as provided in the Labour Code, against acts of anti-union discrimination at the time of recruitment and during employment; (b) to provide expressly for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference; (c) to provide for rapid appeal procedures and sufficiently dissuasive sanctions for violations of section 3 of the draft new Labour Code, which provides that no employer may take into consideration membership of a trade union and trade union activities of workers in making decisions about recruitment, performance and distribution of work, termination of the employment contract, etc.

Article 2. Need to include in the draft Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by efficient and expeditious procedures and sufficiently dissuasive sanctions.

The Committee trusts that the Government will take the necessary steps to ensure that the provisions of the new Labour Code, which have been under preparation for many years, are fully consistent with Articles 1 and 2 of the Convention. The Committee requests the Government to indicate all progress towards this end in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It takes note of the observations of 29 August 2008 by the International Trade Union Confederation (ITUC) on legislative issues that the Committee has already raised.

In its previous comments, the Committee raised the following matters.

Article 1 of the Convention. Need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as provided in the Labour Code, against acts of anti-union discrimination at the time of recruitment and during employment; (b) to provide expressly for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference; (c) to provide for rapid appeal procedures and sufficiently dissuasive sanctions for violations of section 3 of the draft new Labour Code, which provides that no employer may take into consideration membership of a trade union and trade union activities of workers in making decisions about recruitment, performance and distribution of work, termination of the employment contract, etc.

Article 2. Need to include in the draft Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by efficient and expeditious procedures and sufficiently dissuasive sanctions.

The Committee trusts that the Government will take the necessary steps to ensure that the provisions of the new Labour Code, which have been under preparation for many years, are fully consistent with Articles 1 and 2 of the Convention. The Committee requests the Government to indicate all progress towards this end in its next report.

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

1. The Committee notes that the Government’s report has not been received. It also notes the comments made by the International Trade Union Confederation (ITUC) dated 28 August 2007 concerning legislative matters already raised by the Committee and denouncing recurrent acts of anti-union discrimination and interference.

2. The Committee refers again to the points contained in its previous comments concerning the need to amend the national legislation.

Article 1 of the Convention. Need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as set out in the Labour Code, against anti-union discrimination at the time of recruitment and during employment; (b) to explicitly provide for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference; (c) to provide for rapid appeal procedures and sufficiently dissuasive sanctions for violations of section 3 of the draft new Labour Code, which provides that no employer may take into consideration membership of a trade union and trade union activities of workers in making decisions with regard to recruitment, performance and distribution of work, termination of the employment contract, etc.

Article 2. Request to include in the draft Labour Code specific provisions prohibiting acts of interference in the internal affairs of workers’ and employers’ organizations accompanied by efficient and speedy procedures and sufficiently dissuasive sanctions.

The Committee hopes that the provisions of the future Labour Code will be in full conformity with Articles 1 and 2 of the Convention. The Committee requests the Government to keep it informed of all developments in this regard.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU), which largely concern outstanding issues of law and practice relating to the Convention which are already under examination. The Committee requests the Government to send its comments on the ICFTU’s observations.

It also asks the Government, in the context of the regular reporting cycle, to send for examination by the Committee at its session of November‑December 2007, its comments on all the matters of law and practice regarding the Convention raised in the Committee’s observation of 2005 (see 2005 observation, 76th Session) which also refer to other observations of the ICFTU.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

Article 1 of the Convention. The Committee recalls that the questions raised in its previous observation concerned the need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as set out in the Labour Code, against anti-union discrimination at the time of recruitment and during employment; (b) to protect employers’ and workers’ organizations against acts of interference by each other (or their agents); and (c) to explicitly provide for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference.

The Committee had noted that section 3 of the new draft Labour Code provides that no employer may take into consideration the membership of a trade union and trade union activities of workers in reaching decisions with regard, among other matters, to recruitment, conduct and the allocation of work, termination of the employment contract, etc. The Committee notes that the Government indicates that the new draft Labour Code does contain appeal procedures and sufficiently dissuasive sanctions. It therefore recalls that general legal provisions, such as section 3 of the draft Labour Code prohibiting acts of anti-union discrimination against workers, are inadequate in the absence of rapid and effective procedures, including the application of sufficiently dissuasive sanctions.

Article 2. The Committee notes that the new draft Labour Code does not contain provisions granting protection against acts of interference in the internal affairs of workers’ and employers’ organizations. The Committee requests the Government to include in the draft Labour Code specific provisions prohibiting these acts combined with effective and sufficiently dissuasive sanctions.

The Committee hopes that the provisions of the future Labour Code will be in full conformity with Articles 1 and 2 of the Convention. The Committee requests the Government to keep it informed in this respect in its next report and to provide a copy of the final text of the new Labour Code.

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

The Committee notes the Government’s report.

Articles 1 and 2 of the Convention. The Committee recalls that its previous comments concerned the need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as set out in the Labour Code, against anti-union discrimination at the time of recruitment and during employment; (b) to protect employers’ and workers’ organizations against acts of interference by each other (or their agents); and (c) to explicitly provide for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference.

The Committee notes that the Government’s last report contains the same explanations as the previous report. Firstly, according to the Government, section 3 of the new draft Labour Code provides that no employer may take into consideration the membership of a trade union and trade union activities of workers in reaching decisions with regard, among other matters, to recruitment, conduct and the allocation of work, termination of the employment contract, etc. The Committee notes that the Government does not indicate whether appeal procedures and sufficiently dissuasive sanctions will also be envisaged. It therefore recalls that general legal provisions, such as section 3 of the draft Labour Code prohibiting acts of anti-union discrimination against workers, are inadequate in the absence of rapid and effective procedures, including the application of sufficiently dissuasive sanctions.

The Committee also notes that the Government repeats that acts of interference in the internal affairs of workers’ and employers’ organizations are not envisaged in national texts, without indicating whether the draft Labour Code prohibits and penalizes such acts. In this respect, the Committee, observing that such protection apparently does not exist in the draft Labour Code, requests the Government to take specific measures combined with effective and sufficiently dissuasive sanctions.

The Committee hopes that the provisions of the new Labour Code will be in full conformity with Articles 1 and 2 of the Convention with regard to protection against acts of anti-union discrimination and interference. The Committee requests the Government to keep it informed in this respect in its next report and to provide a copy of the final text of the new Labour Code.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that its previous comments referred to the need for the national legislation to contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment, to protect workers and their organizations against acts of interference by employers, and that these provisions should be accompanied by effective procedures and sufficiently dissuasive sanctions.

The Committee had noted the Government’s indication that under the provisions of section 3 of the draft Labour Code, drawn up with ILO technical assistance, no employer may take into account the trade union activity or affiliation of workers in decisions regarding contracts, wages and work organization, termination of employment contracts, etc. In this context, the Committee recalls that by virtue of the provisions of Article 2 of the Convention, national legislation should also include provisions aimed at protecting workers’ and employers’ organizations against any acts of interference by each other, and that it is necessary to provide expressly for legal procedures and sufficiently dissuasive sanctions against acts of anti-trade union discrimination and interference so as to ensure the effective application of Articles 1 and 2. The Committee draws the attention of the Government to the availability of further ILO technical assistance concerning these questions, in the process of drafting the new Labour Code, and hopes that this Code will be in full conformity with the provisions of the Convention and will be adopted in the near future. The Committee asks the Government to indicate in its next report progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

        The Committee recalls that its previous comments referred to the need for the national legislation to contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment, to protect workers and their organizations against acts of interference by employers, and that these provisions should be accompanied by effective procedures and sufficiently dissuasive sanctions.

        The Committee notes the Government’s indication that under the provisions of section 3 of the draft Labour Code, drawn up with ILO technical assistance, no employer may take into account the trade union activity or affiliation of workers in decisions regarding contracts, wages and work organization, termination of employment contracts, etc. In this context, the Committee recalls that by virtue of the provisions of Article 2 of the Convention, national legislation should also include provisions aimed at protecting workers’ and employers’ organizations against any acts of interference by each other, and that it is necessary to provide expressly for legal procedures and sufficiently dissuasive sanctions against acts of anti-trade union discrimination and interference so as to ensure the effective application of Articles 1 and 2. The Committee draws the attention of the Government to the availability of further ILO technical assistance concerning these questions, in the process of drafting the new Labour Code, and hopes that this Code will be in full conformity with the provisions of the Convention and will be adopted in the near future. The Committee asks the Government to indicate in its next report progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report.

The Committee recalls that its previous comments referred to the need for the national legislation to contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment, to protect workers and their organizations against acts of interference by employers, and that these provisions should be accompanied by effective procedures and sufficiently dissuasive sanctions.

The Committee notes the Government’s indication that under the provisions of section 3 of the draft Labour Code, drawn up with ILO technical assistance, no employer may take into account the trade union activity or affiliation of workers in decisions regarding contracts, wages and work organization, termination of employment contracts, etc. In this context, the Committee recalls that by virtue of the provisions of Article 2 of the Convention, national legislation should also include provisions aimed at protecting workers’ and employers’ organizations against any acts of interference by each other, and that it is necessary to provide expressly for legal procedures and sufficiently dissuasive sanctions against acts of anti-trade union discrimination and interference so as to ensure the effective application of Articles 1 and 2. The Committee draws the attention of the Government to the availability of further ILO technical assistance concerning these questions, in the process of drafting the new Labour Code, and hopes that this Code will be in full conformity with the provisions of the Convention and will be adopted in the near future. The Committee asks the Government to indicate in its next report progress achieved in this regard.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Articles 1 and 2 of the Convention. The Committee observes that section 249 of the Labour Code prohibits any clause in a collective agreement which directly or indirectly restricts the freedom of workers to join the union of their choice; not to join a union, or to withdraw from a union and which provides for a fine in the event of non-compliance, and that sections 277 to 282 provide protection for trade union representatives. The Committee would remind the Government that legislation should contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment to protect workers and their organizations against acts of interference by employers and that these provisions should be accompanied by effective and expeditious procedures and sufficiently dissuasive sanctions. It requests the Government to take measures in the above-indicated sense.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received and is therefore bound to reiterate its previous comments which read as follows:

Articles 1 and 2 of the Convention. The Committee observes that section 249 of the Labour Code prohibits any clause in a collective agreement which directly or indirectly restricts the freedom of workers to join the union of their choice; not to join a union, or to withdraw from a union and which provides for a fine in the event of non-compliance, and that sections 277 to 282 provide protection for trade union representatives. The Committee would remind the Government that legislation should contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment to protect workers and their organizations against acts of interference by employers and that these provisions should be accompanied by effective and expeditious procedures and sufficiently dissuasive sanctions.

The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. The Committee again requests the Government to provide it with information on the application in practice of the provisions of these Articles and, in particular, any judicial decision handed down to protect workers and their organizations against any act of anti-union discrimination, including at the time of recruitment, or against acts of interference by employers.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and information that it has not encountered any difficulties of a legal nature in the application of the Convention and is making efforts to disseminate to the social partners the national legislation and standards on collective bargaining.

Articles 1 and 2 of the Convention. The Committee again requests the Government to provide it with information on the application in practice of the provisions of these Articles and, in particular, any judicial decision handed down to protect workers and their organizations against any act of anti-union discrimination, including at the time of recruitment, or against acts of interference by employers.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee observes that section 249 of the Labour Code prohibits any clause in a collective agreement which directly or indirectly restricts the freedom of workers to join the union of their choice; not to join a union, or to withdraw from a union and which provides for a fine in the event of non-compliance, and that sections 277 to 282 provide protection for trade union representatives. The Committee notes in particular that article 7 of the collective agreement of the mines, quarries and mining industries branch, of June 1986, contains specific provisions to guarantee protection against anti-union discrimination and interference. It notes, however, that the communication of October 1992 from the General Union of Workers of Guinea complains of anti-union measures by employers, and therefore reminds the Government that it would clearly be desirable for the legislation to contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment (for example, similar to the provisions of the above-mentioned collective agreement), enforceable by legal redress and sufficiently dissuasive sanctions in order to ensure that practical effect is given to Articles 1 and 2 of the Convention. The Committee asks the Government to continue to provide information on the practical application of the provisions of these Articles of the Convention, and in particular any court decisions handed down to protect workers and their organizations against acts of anti-union discrimination, including at the time of recruitment, or against acts of interference by employers.

Lastly, the Committee notes that the Government and the social partners are engaged in efforts to publicize the content of the national legislation and the relevant international labour standards.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its latest report to the effect that, in national practice, there have been no difficulties of a legal nature in applying the Convention.

The Committee observes that section 249 of the Labour Code prohibits any clause in a collective agreement which directly or indirectly restricts the freedom of workers to join the union of their choice; not to join a union, or to withdraw from a union and which provides for a fine in the event of non-compliance, and that sections 277 to 282 provide protection for trade union representatives. The Committee notes in particular that article 7 of the collective agreement of the mines, quarries and mining industries branch, of June 1986, contains specific provisions to guarantee protection against anti-union discrimination and interference. It notes, however, that the communication of October 1992 from the General Union of Workers of Guinea complains of anti-union measures by employers, and therefore reminds the Government that it would clearly be desirable for the legislation to contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment (for example, similar to the provisions of the above-mentioned collective agreement), enforceable by legal redress and sufficiently dissuasive sanctions in order to ensure that practical effect is given to Articles 1 and 2 of the Convention. The Committee asks the Government to continue to provide information on the practical application of the provisions of these Articles of the Convention, and in particular any court decisions handed down to protect workers and their organizations against acts of anti-union discrimination, including at the time of recruitment, or against acts of interference by employers.

Lastly, the Committee notes that the Government and the social partners are engaged in efforts to publicize the content of the national legislation and the relevant international labour standards.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received.

However, the Committee notes the communication by the General Union of Workers of Guinea (UGTG), dated 8 October 1992, in relation to the non-application of the Convention.

In its previous comments, the Committee asked the Government to adopt provisions to protect workers against acts of anti-union discrimination by employers during recruitment and employment (Article 1 of the Convention), and provisions to protect workers' organizations against acts of interference by individual employers or employers' organizations (Article 2), accompanied by sufficiently effective and dissuasive sanctions.

The Committee hopes that specific statutory provisions will be adopted in the future and asks the Government to inform it of any progress made in this respect in its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information communicated by the Government in its last report.

In its previous comments, the Committee asked the Government to adopt provisions to protect workers against acts of anti-union discrimination by employers during recruitment and employment (Article 1 of the Convention), and provisions to protect workers' organisations against acts of interference by individual employers or employers' organisations (Article 2), accompanied by sufficiently effective and dissuasive sanctions.

The Committee notes with interest the information contained in the report to the effect that national practice with regard to labour relations is such that no acts of discrimination or interference have so far been recorded, because the social partners effectively enjoy freedom and independence.

It nonetheless recalls that on ratifying the Convention the Government undertook to take steps to bring its legislation into full conformity with Articles 1 and 2 of the Convention.

The Committee therefore hopes that specific statutory provisions will be adopted in the future and asks the Government to inform it of any progress made in this respect in its next report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request.

The Committee requested the Government to adopt provisions to protect workers against anti-union discrimination by employers during recruitment and employment (Article 1 of the Convention), and provisions to protect workers' organisations from acts of interference by individual employers or employers' organisations (Article 2 of the Convention), accompanied by sufficiently effective and dissuasive sanctions.

With reference to the new Labour Code, the Committee notes the provisions respecting the protection of trade union representatives (sections 277 to 282) and section 304(a), which provides that sectoral collective agreements or the inter-occupational agreement, in order to be extended, shall contain a provision respecting the free exercise of trade union rights and the freedom of opinion of employees. In this connection, it takes due note of section 7 of the sectoral collective agreement of 1986 for mines, quarries and the mining industry which was attached to the Government's report, which contains provisions providing protection against anti-union discrimination and against interference.

However, the Committee notes that the new labour legislation does not contain provisions similar to those of the above collective agreement that provide workers with protection as established in Articles 1 and 2 of the Convention.

While noting the Government's statement to the effect that problems of discrimination and interference do not arise in practice, the Committee is of the opinion that the adoption of specific provisions at the legislative level would ensure a more effective implementation of Articles 1 and 2 of the Convention. It therefore requests the Government to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention on these matters.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report and the annexed document.

In its previous request, the Committee requested the Government to adopt provisions to protect workers against anti-union discrimination by employers during recruitment and employment (Article 1 of the Convention), and provisions to protect workers' organisations from acts of interference by individual employers or employers' organisations (Article 2 of the Convention), accompanied by penal sanctions.

With reference to the new Labour Code, the Committee notes the provisions respecting the protection of trade union representatives (sections 277 to 282) and section 304(a), which provides that sectoral collective agreements or the inter-occupational agreement, in order to be extended, shall contain a provision respecting the free exercise of trade union rights and the freedom of opinion of employees. In this connection, it takes due note of section 7 of the sectoral collective agreement of 1986 for mines, quarries and the mining industry which was attached to the Government's report, which contains provisions providing protection against anti-union discrimination and against interference.

However, the Committee notes that the new labour legislation does not contain provisions similar to those of the above collective agreement that provide workers with protection as established in Articles 1 and 2 of the Convention.

While noting the Government's statement to the effect that problems of discrimination and interference do not arise in practice, the Committee is of the opinion that the adoption of specific provisions at the legislative level would ensure a more effective implementation of Articles 1 and 2 of the Convention. It therefore requests the Government to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention on these matters.