Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Guinea (Ratificación : 1959)

Legislative reform. The Committee previously noted the Government’s indications concerning the revision of the Labour Code, under way since 2022. In this regard, the Committee notes that the Office provided comments through a technical memorandum on a draft of September 2023, and that a more recent version of the draft has been developed since that time.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee recalls that in its previous comments, it welcomed: (i) the provisions the 2014 Labour Code according to which any act or provision infringing the prohibition of discrimination, including on the basis of membership or non-membership of a trade union and on trade union activity, is void and results in reinstatement in the case of dismissal; and (ii) that in addition to their being void, the employer responsible for such acts is liable to pay damages to the employee concerned. The Committee invites the Government to ensure that, in the context of the current reform, the new Labour Code continues to include sufficiently dissuasive penalties combined with effective and expeditious procedures. The Committee further requests once again the Government to provide information on the implementation of the current provisions punishing acts of anti-union discrimination (number of proceedings initiated and penalties imposed).

Article 2. Adequate protection against acts of interference. Following its previous comments on the general nature of the wording of section 332(7) of the Labour Code concerning interference by the employer in trade union activities, the Committee notes the Government’s indications that a specific new clause on this matter has been introduced in the draft new Labour Code. The Committee invites the Government to ensure, in the context of the revision of the Labour Code, that the prohibition against anti-union interference encompasses all acts prohibited by the Convention, and that these provisions provide for effective and expeditious procedures and sufficiently dissuasive penalties. The Committee requests the Government to provide information on any progress in this regard.

Article 4. Promotion of collective bargaining. Determination of the representativeness of trade union organizations. In its previous comments, recalling Case No. 3169 examined by the Committee on Freedom of Association, the Committee requested the Government to provide information on the appeals against Decree No. D/2014/257/PRG/SGG regulating social elections in the public, para-public and private sectors. According to the Government, the process for the determination of the representativeness of trade unions is under way with the participation of all trade union organizations, which will, in particular, make it possible to revise, by consensus, Decree D/2014/257/PRG/SGG. Emphasizing again the need, for the sound application of the Convention, for the existence of objective and reliable mechanisms for determining the representativeness of trade unions, the Committee requests the Government to continue to provide information on progress achieved with regard to the adoption, in consultation with all trade union organizations concerned, of provisions regulating this issue. The Committee expresses the firm hope that the process set in motion will make it possible to hold trade union elections in the near future.

Right of collective bargaining in practice. The Committee notes the Government’s indication with regard to: (i) the existence of sectoral collective agreements (mines and quarries, banks and insurance, ports, construction and public works, and also in hotels and restaurants, post and telecommunications); and (ii) the development of the collective agreement for the press sector and revision of that for mines and quarries. Noting, once again, the Government’s indication that it 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, and to provide information on the steps taken in order to be able to determine the number of workers covered by these instruments.

The Committee trusts that the Government will take all necessary measures to ensure that its requests concerning amendments to the Labour Code, as well as the recommendations made in the course of the technical assistance provided by the Office, are taken into account in the framework of the revision of the labour legislation with a view to bringing it into full conformity with the Convention. It requests the Government to provide information on any progress in this regard.