Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Angola (RATIFICATION: 1976)

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Previous comment

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous comments, the Committee had requested the Government to ensure that the necessary legislative and regulatory measures were adopted to guarantee the application of sufficiently dissuasive penalties against acts of anti-union discrimination. It had also noted that the General Labour Act of 2015 did not contain provisions specifically prohibiting acts of anti-union interference. In this respect, the Committee notes the Government’s general information regarding on-going discussions to review the Collective Bargaining Act No. 20-A/92, the Trade Unions Act No. 21-D/92, and the Strikes Act No. 23/92. The Committee requests the Government to take the necessary measures to ensure that, in the context of the on-going process of legislative revision, specific provisions are adopted to: (i) guarantee the application of sufficiently dissuasive penalties against acts of anti-union discrimination; and (ii)explicitly prohibit all acts of interference prohibited by Article 2, providing for sufficiently dissuasive penalties in this respect. The Committee requests the Government to provide information in this regard.

Article 4. Measures to promote collective bargaining. In its previous comments, the Committee noted the low number of collective agreements in force and requested the Government to provide information on the measures to promote collective bargaining at the enterprise level or at a higher level and to indicate the number of collective agreements in force, including the number of workers covered by these collective agreements. Regretting the absence of information on this point, the Committee once again requests the Government to provide the requested information.

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Previous observation

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous observation the Committee urged the Government to provide its comments regarding the observations made by the National Trade Union of Teachers (SINPROF) and Education International (EI), received on 1 September 2017, alleging the existence of anti-union reprisals by the Government in several province of the country. The Committee notes with regret that the Government has still provided no reply in this regard. The Committee therefore urges the Government to ensure that action has been taken to fully address, in accordance with the Convention, the concerns raised by the SINPROF and EI and to provide information in this respect.

Article 4. Measures to promote collective bargaining. Compulsory arbitration. In its previous comments, the Committee noted the indication of the Government that there was a contradiction between sections 20 and 28 of Act No. 20-A/92 on collective bargaining which impose compulsory arbitration on an array of non-essential services and the General Labour Act of 2015, and that the two mentioned provisions of Act No. 20-A/92 would be amended. The Committee notes that the government reiterates the statements contained in its previous report. Recalling that compulsory arbitration in the context of collective bargaining is only acceptable in a very limited set of situations(General Survey of 2012, paragraph 247),the Committee requests the Government to take without delay the necessary action to amend sections 20 and 28 of Act No. 20-A/92 so as to put the legislation in conformity with the Convention.The Committee requests the Government to provide information in this respect.

Article 4 and 6. Collective bargaining of public servants not engaged in the administration of the State. The Committee notes that the Government indicates that: (i) the right to collective bargaining of public servants not engaged in the administration of the State is protected under Act No. 20-A/92 and the General Labour Act of 2015; (ii) the National Assembly is in the process of approving the Act on Strike, Trade Union and the Right to Collective Bargaining, whose provisions are more specific with respect to the content of the Convention; and (iii) the text of the Act will be submitted with the Government’s next report. The Committee takes due note of these elements while observing that the Government has not provided information about how collective bargaining would take place in practice in the public sector. It recalls that in its previous comments, it noted that the only public employees covered by the General Labour Act and Act No. 20-A/92 were those in public enterprises. The Committee recalls in this respect that the public servants not engaged in the administration of the State mentioned by Article 6 of the Convention are not confined to workers of public enterprises, but also cover, for instance, employees in municipal services, public sector teachers or public sector health workers. In the context of the adoption of the Act on Strike, Trade Union and the Right to Collective Bargaining and the revision of Act No. 20-A/92, the Committee therefore requests the Government to take all the necessary measures to ensure that all categories of public servants not engaged in the administration of the State are granted the right to bargain collectively. The Committee requests the Government to provide information in this respect.

The Committee requests the Government to provide information on any proposed legislative reforms relating to the Convention and reminds it, in this context, of the possibility to avail itself of the technical assistance of the Office.

The Committee is raising other points in a request addressed directly to the Government.

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Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee observed that while the General Labour Act No. 7/2015 does not establish specific fines penalizing acts of anti-union discrimination, section 308 provides generally that violations of the provisions of the Act and the related legislation shall be punishable by fines, the amount of which shall be fixed by a specific standard. The Committee notes that the Government confines itself to indicating that this question should be answered in the framework of the current legislative reforms (revision of the Collective Bargaining Act No. 20-A/92, the Trade Unions Act No. 21-D/92 and the Strikes Act No. 23/92). Noting that the Government does not indicate the standard to which section 308 of the General Labour Act of 2015 refers, the Committee requests the Government to ensure that the necessary legislative and regulatory measures are adopted in order to guarantee the application of sufficiently dissuasive penalties against acts of anti-union discrimination. The Committee requests the Government to provide information on any progress made in this regard.

Article 2. Adequate protection against acts of interference. The Committee noted previously that the General Labour Act of 2015 does not contain provisions specifically prohibiting acts of anti-union interference and that whereas the Trade Unions Act No. 21-D/92 prohibits obstacles to trade union activity in general terms (section 35), it does not specifically prohibit acts of interference. Regretting the absence of a reply on this point, the Committee once again requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits all of the acts covered by Article 2 of the Convention and that it provides for sufficiently dissuasive penalties in this respect.

Article 4. Measures to promote collective bargaining. In its previous comments, having noted the low number of collective agreements in force, the Committee requested the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level and to indicate the number of collective agreements in force and the number of workers covered by these collective agreements. Noting that the Government’s report does not contain information in this respect, the Committee once again requests the Government to provide the requested information.

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Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee noted the observations of the National Trade Union of Teachers (SINPROF) and Education International (EI), received on 1 September 2017, alleging the existence of anti-union reprisals by the Government in several provinces of the country. In the absence of information received from the Government in this regard, the Committee recalls that it is the responsibility of the latter to take all necessary measures to ensure that the competent authorities conduct the necessary enquiries into these alleged acts of anti-union discrimination, and to take remedial measures and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired. The Committee urges the Government to provide its comments in this regard.

Article 4. Measures to promote collective bargaining. Compulsory arbitration. The Committee recalls that for several years it has been requesting the Government to take the necessary measures to amend sections 20 and 28 of Act No. 20-A/92 on the right to collective bargaining, which impose compulsory arbitration in terms contrary to the indications of the Committee. In its previous comments, the Committee noted that section 273(2) of the General Labour Act No. 7/2015 establishes that collective labour disputes shall be resolved through mediation, conciliation and voluntary arbitration, without prejudice to specific legislation, and further noted that section 293 establishes that collective labour disputes shall be settled preferably through voluntary arbitration. Given that the General Labour Act of 2015 repeals any contrary provision, the Committee requested the Government to indicate whether sections 20 and 28 of Act No. 20 A/92, which impose compulsory arbitration on an array of non-essential services, had been repealed or whether these sections remained in force. The Committee notes that the Government indicates that there is indeed a contradiction between the two above-mentioned items of legislation and that the contradiction should be resolved when Act No. 20-A/92 is revised. Recalling that compulsory arbitration in the context of collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and in the event of an acute national crisis, the Committee expects that sections 20 and 28 of Act No. 20-A/92 will be amended rapidly and requests the Government to provide information on any progress achieved in this regard.

Articles 4 and 6. Collective bargaining of public servants not engaged in the administration of the State. The Committee recalls that for several years it has been requesting the Government to take measures to ensure that the trade union organizations of civil servants who are not engaged in the administration of the State have the right to negotiate both wages and other terms and conditions of employment with their public employers. The Committee recalls that, under Article 6 of the Convention, a distinction has to be made between, on the one hand, public servants who, through their functions, are directly engaged in the administration of the State (for example, in certain countries, officials in government ministries and other similar bodies and their auxiliary personnel), who may be excluded from the scope of application of the Convention and, on the other hand, all other persons employed by the Government, public enterprises or autonomous public institutions, who should benefit from the guarantees set out in the Convention (for example, employees in public enterprises, employees in municipal services and employees in other decentralized bodies, as well as public sector teachers). The Committee notes that the Government confines itself to indicating that the collective bargaining rights of public servants not engaged in the administration of the State are safeguarded under the General Labour Act of 2015 and Act No. 20-A/92 on the right to collective bargaining. In this regard, the Committee observes that under the terms of sections 1(1) and 2(f) of the General Labour Act, the only public employees covered by the Act are those in public enterprises and that section 2 of Act No. 20-A/92, similarly, excludes officials in the central and local State public administration from the scope of its application, as well as workers in public services not organized as enterprises. In view of the foregoing, the Committee observes that the scope of application of the laws mentioned above does not appear to cover all categories of workers considered by the Committee to be public servants not engaged in the administration of the State. In the absence of other information made available to it, the Committee requests the Government to specify the provisions under which or the collective negotiation mechanisms through which the various categories of public servants not engaged in the administration of the State can negotiate their conditions of work and employment, and to provide detailed information on the various agreements concluded with organizations of public servants and public employees. The Committee further requests the Government to ensure that its recommendations are taken into account during the revision of Act No. 20-A/92 referred to by the Government and requests it to indicate any progress in this regard.

The Committee reminds the Government that it may seek technical assistance from the Office in connection with the revision of the laws relating to the application of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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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

New General Labour Act. The Committee takes due note of the new General Labour Act No.7/2015, published on 15 June 2015, repealing Act No. 2/00 of 11 February 2000.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes that section 49 of the new General Labour Act removes the power of employers to apply the disciplinary measures of temporary transfer, wage reduction and demotion. The Committee also notes that, in sections 207(1)(a), 208(3) and 209, the new Act preserves the special protection of trade union representatives, the invalidity of dismissal based on the union membership of the worker and in both cases establishes the requirement to reinstate the worker and make up the unpaid wages and additional emoluments. The Committee also observes that, while the new Act does not establish specific fines penalizing acts of anti-union discrimination, section 308 provides generally that violations of the provisions of the Act and the related legislation shall be punishable by fines, the amount of which shall be fixed by a specific standard. Recalling the importance that the penalties applicable for anti-union acts are sufficiently dissuasive, the Committee requests the Government to indicate to which standard section 308 of the Labour Act refers and to specify if this standard establishes fines for anti-union acts that are distinct from those provided for by Trade Union Act No. 21-D/92.

Article 2. Adequate protection against acts of interference. The Committee notes that the new General Labour Act does not contain provisions prohibiting acts of anti-union interference. In this respect, the Committee also notes that Trade Union Act No. 21-D/92, of which section 35 prohibits in general terms obstacles to trade union activity, does not specifically prohibit acts of interference. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits all of the acts covered by Article 2 of the Convention and that it provides for sufficiently dissuasive penalties in this respect.

Article 4. Measures to promote collective bargaining. In its previous comments, having noted the low number of collective agreements in force, the Committee requested the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level and to indicate the number of collective agreements in force and the number of workers covered by these collective agreements. Noting that the Government’s report does not contain information in this respect, the Committee once again requests the Government to provide the requested information.

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The Committee notes the observations of the National Union of Angolan Workers (UNTA), received on 30 August 2019, in relation to the application of the Convention in law and in practice. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the observations of the National Trade Union of Teachers (SINPROF) and Education International (EI), received on 1 September 2017, alleging the existence of anti-union reprisals by the Government in several provinces of the country. The Committee notes the observations of the National Union of Angolan Workers–Trade Union Confederation (UNTA–CS), received in December 2016, on matters which have already been examined by the Committee. The Committee requests the Government to reply to the observations of EI and SINPROF.

New General Labour Act. The Committee takes due note of the new General Labour Act No. 7/2015, published on 15 June 2015, which repeals Act No. 2/00 of 11 February 2000.

Article 4 of the Convention. Promotion of collective bargaining. Compulsory arbitration. The Committee recalls that for several years it has been requesting the Government to take the necessary measures to amend sections 20 and 28 of Act No. 20-A/92 on the right to collective bargaining, which impose compulsory arbitration in terms contrary to the indications of the Committee. The Committee notes that section 273.2 of the new General Labour Act establishes that collective labour disputes shall be resolved through mediation, conciliation and voluntary arbitration, without prejudice to specific legislation, and also notes that section 293 establishes that collective labour disputes shall be settled preferably through voluntary arbitration. The Committee observes that the new General Labour Act repeals any provision contrary to it, and queries about the effect this general measure has on Act No. 20-A/92 concerning the right to collective bargaining, on which the Committee has commented. The Committee requests the Government to clarify whether the new General Labour Act repeals sections 20 and 28 of Act No. 20 A/92, which impose compulsory arbitration on an array of non-essential services, or whether these sections are still in force. The Committee recalls that compulsory arbitration in the context of collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and in the event of an acute national crisis.

Articles 4 and 6. Collective bargaining of civil servants not engaged in the administration of the State. The Committee recalls that for several years it has been requesting the Government to take measures to ensure that the trade union organizations of civil servants who are not engaged in the administration of the State have the right to negotiate both wages and other terms and conditions of employment with their public employers. The Committee notes with regret that the Government has not provided information on this matter and that there have been no legislative changes in this respect. Recalling that, under Articles 4 and 6 of the Convention, all civil servants other than those engaged in the administration of the State must be able to enjoy the right to collective bargaining, the Committee once again requests the Government to take the necessary measures to give effect to the aforementioned provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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

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New General Labour Act. The Committee takes due note of the new General Labour Act No.7/2015, published on 15 June 2015, repealing Act No. 2/00 of 11 February 2000.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes that section 49 of the new General Labour Act removes the power of employers to apply the disciplinary measures of temporary transfer, wage reduction and demotion. The Committee also notes that, in sections 207(1)(a), 208(3) and 209, the new Act preserves the special protection of trade union representatives, the invalidity of dismissal based on the union membership of the worker and in both cases establishes the requirement to reinstate the worker and make up the unpaid wages and additional emoluments. The Committee also observes that, while the new Act does not establish specific fines penalizing acts of anti-union discrimination, section 308 provides generally that violations of the provisions of the Act and the related legislation shall be punishable by fines, the amount of which shall be fixed by a specific standard. Recalling the importance that the penalties applicable for anti-union acts are sufficiently dissuasive, the Committee requests the Government to indicate to which standard section 308 of the Labour Act refers and to specify if this standard establishes fines for anti-union acts that are distinct from those provided for by Trade Union Act No. 21-D/92.

Article 2. Adequate protection against acts of interference. The Committee notes that the new General Labour Act does not contain provisions prohibiting acts of anti-union interference. In this respect, the Committee also notes that Trade Union Act No. 21-D/92, of which section 35 prohibits in general terms obstacles to trade union activity, does not specifically prohibit acts of interference. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits all of the acts covered by Article 2 of the Convention and that it provides for sufficiently dissuasive penalties in this respect.

Article 4. Measures to promote collective bargaining. In its previous comments, having noted the low number of collective agreements in force, the Committee requested the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level and to indicate the number of collective agreements in force and the number of workers covered by these collective agreements. Noting that the Government’s report does not contain information in this respect, the Committee once again requests the Government to provide the requested information.

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The Committee notes the observations of the National Trade Union of Teachers (SINPROF) and Education International (EI), received on 1 September 2017, alleging the existence of anti-union reprisals by the Government in several provinces of the country. The Committee notes the observations of the National Union of Angolan Workers–Trade Union Confederation (UNTA–CS), received in December 2016, on matters which have already been examined by the Committee. The Committee requests the Government to reply to the observations of EI and SINPROF.

New General Labour Act. The Committee takes due note of the new General Labour Act No. 7/2015, published on 15 June 2015, which repeals Act No. 2/00 of 11 February 2000.

Article 4 of the Convention. Promotion of collective bargaining. Compulsory arbitration. The Committee recalls that for several years it has been requesting the Government to take the necessary measures to amend sections 20 and 28 of Act No. 20-A/92 on the right to collective bargaining, which impose compulsory arbitration in terms contrary to the indications of the Committee. The Committee notes that section 273.2 of the new General Labour Act establishes that collective labour disputes shall be resolved through mediation, conciliation and voluntary arbitration, without prejudice to specific legislation, and also notes that section 293 establishes that collective labour disputes shall be settled preferably through voluntary arbitration. The Committee observes that the new General Labour Act repeals any provision contrary to it, and queries about the effect this general measure has on Act No. 20-A/92 concerning the right to collective bargaining, on which the Committee has commented. The Committee requests the Government to clarify whether the new General Labour Act repeals sections 20 and 28 of Act No. 20 A/92, which impose compulsory arbitration on an array of non-essential services, or whether these sections are still in force. The Committee recalls that compulsory arbitration in the context of collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and in the event of an acute national crisis.

Articles 4 and 6. Collective bargaining of civil servants not engaged in the administration of the State. The Committee recalls that for several years it has been requesting the Government to take measures to ensure that the trade union organizations of civil servants who are not engaged in the administration of the State have the right to negotiate both wages and other terms and conditions of employment with their public employers. The Committee notes with regret that the Government has not provided information on this matter and that there have been no legislative changes in this respect. Recalling that, under Articles 4 and 6 of the Convention, all civil servants other than those engaged in the administration of the State must be able to enjoy the right to collective bargaining, the Committee once again requests the Government to take the necessary measures to give effect to the aforementioned provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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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 4 of the Convention. Measures to stimulate and promote collective bargaining. In its previous comments, having noted the limited number of collective agreements in force, the Committee asked the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level, indicating the number of collective agreements in force and also the number of workers covered by these collective agreements. Noting with regret that the Government’s report does not contain information in this respect, the Committee again requests the Government to provide the requested information.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 4 and 6 of the Convention. Right to collective bargaining of public employees not engaged in the administration of the State. For several years the Committee has been asking the Government to take the necessary steps to:

• – ensure that the trade union organizations of public servants who are not engaged in the administration of the State have, under the new Constitution adopted in 2010, the right to negotiate with their public employers regarding terms and conditions of employment as well as wages;
• – amend sections 20 and 28 of Collective Bargaining Act No. 20-A/92 so that compulsory arbitration may only be imposed for 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).

The Committee again notes the Government’s indication that Collective Bargaining Act No. 20-A/92, Trade Union Act No. 21-C/92 and Act No. 23/91 are being revised and that the draft amended versions will be sent to the Office once they are the subject of public discussion. While reminding the Government of the possibility of availing itself of technical assistance from the Office in the process of legislative reform, the Committee hopes that the Government will take account of all the comments made in order to bring the legislation fully into line with the Convention and requests it to provide information on any developments in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

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

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Article 4 of the Convention. Measures to stimulate and promote collective bargaining. In its previous comments, having noted the limited number of collective agreements in force, the Committee asked the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level, indicating the number of collective agreements in force and also the number of workers covered by these collective agreements. Noting with regret that the Government’s report does not contain information in this respect, the Committee again requests the Government to provide the requested information.

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The Committee notes the observations from the International Trade Union Confederation (ITUC), received on 1 September 2014, concerning issues already examined by the Committee.

Articles 4 and 6 of the Convention. Right to collective bargaining of public employees not engaged in the administration of the State. For several years the Committee has been asking the Government to take the necessary steps to:

• – ensure that the trade union organizations of public servants who are not engaged in the administration of the State have, under the new Constitution adopted in 2010, the right to negotiate with their public employers regarding terms and conditions of employment as well as wages;
• – amend sections 20 and 28 of Collective Bargaining Act No. 20-A/92 so that compulsory arbitration may only be imposed for 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).

The Committee again notes the Government’s indication that Collective Bargaining Act No. 20-A/92, Trade Union Act No. 21-C/92 and Act No. 23/91 are being revised and that the draft amended versions will be sent to the Office once they are the subject of public discussion. While reminding the Government of the possibility of availing itself of technical assistance from the Office in the process of legislative reform, the Committee hopes that the Government will take account of all the comments made in order to bring the legislation fully into line with the Convention and requests it to provide information on any developments in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 4 of the Convention. Measures to stimulate and promote collective bargaining. In its previous comments, the Committee had noted a limited number of collective agreements in force. It therefore requests the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level, indicating the number of collective agreements at present in force as well as the number of workers covered by these collective agreements. The Committee hopes that these issues will also be addressed through the technical assistance requested by the Government in its report.

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The Committee takes note of the comments made by the International Trade Union Confederation (ITUC) in 2013 on matters already dealt with by the Committee.

Legislative reforms. In its previous comments, the Committee had noted new bills to revise the Collective Bargaining Act No. 20-A/92, the Trade Union Act No. 21-C/92 and the Strike Act No. 23/91, which contained some of the amendments the Committee had suggested and underlined as necessary. The Committee hopes that the technical assistance requested will be provided in the near future and requests the Government to ensure that the trade union organizations of public servants who are not engaged in the administration of the State have, under the new Constitution, the right to negotiate with their public employers on wages as well as other terms and conditions of employment.

The Committee had requested the amendment of sections 20 and 28 of Collective Bargaining Act No. 20-A/92 which provide that collective labour disputes in public utility enterprises may be settled through compulsory arbitration by the Ministry of Labour, Public Administration and Social Security after the parties have been heard. The Committee had noted that the list of public utility activities (section 1.3) was much broader than the concept of 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). The Committee requests the Government to take the necessary measures to amend – within the framework of the technical assistance requested by the Government – sections 20 and 28 of the Act in question so that compulsory arbitration may be imposed only in cases involving essential services in the strict sense of the term. The Committee notes that the Government reiterates its request for technical assistance and that five tripartite bodies are in place. The Committee hopes that the Government will take account of all the comments made in order to bring the current legislation fully in line with the Convention. The Committee requests the Government once again to enclose a copy of the Bill revising Collective Bargaining Act No. 20-A/92 with its next report, or the text that might have been adopted meanwhile.

The Committee also hopes that the process of revising the laws related to the application of the Convention will be carried out with the technical assistance of the Office.

The Committee is raising other points in a request addressed directly to the Government.

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Article 4 of the Convention. Right to collective bargaining. In its previous comments, the Committee requested the Government to specify the scope of section 12 of the Collective Bargaining Act No. 20-A/92, which provides that collective agreements may not contain provisions concerning fiscal measures or price policy measures. The Committee notes that the Government’s report does not contain any information on this matter. The Committee recalls that provisions such as these might involve restrictions on collective bargaining that are incompatible with the Convention. The Committee requests the Government to indicate whether the new Constitution, which recognizes workers’ fundamental rights, has had an impact on the validity of the provisions of the Collective Bargaining Act No. 20-A/92. If not, the Committee requests the Government once again to specify the scope of section 12 of the abovementioned act and to take advantage of the present revision of Act No. 20-A/92 and the technical assistance requested by the Government – in consultation with the social partners – to clarify the scope of section 12, to bring it in line with the requirements of the Convention.

Measures to stimulate and promote collective bargaining. In its previous comments, the Committee had noted a limited number of collective agreements in force. It therefore requests the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level, indicating the number of collective agreements at present in force as well as the number of workers covered by these collective agreements.

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The Committee takes note of the Government’s reply to the comments made by the International Trade Union Confederation (ITUC), the National Union of Angolan Workers – Trade Union Confederation (UNTA–CS) and the General Federation of Independent and Free Trade Unions of Angola (CGSILA). The Committee also notes the comments of the ITUC dated 4 August 2011 on matters already dealt with by the Committee, in particular those concerning restrictions on collective bargaining.

New Constitution. The Committee notes the adoption on 21 January 2010 of the new Constitution of the Republic, which recognizes: (1) freedom of assembly, demonstration and association of all citizens (sections 47 and 48); (2) freedom of occupational association of all workers in independent or liberal professions and all self-employed workers as a whole (section 49); and (3) workers’ right to organize and strike (sections 50 and 51).

Legislative reforms. In its previous comments, the Committee noted new Bills to revise the Collective Bargaining Act No. 21-A/92, the Trade Union Act No. 21-C/92 and the Strike Act No. 23/91, which contained some of the amendments it had suggested and underlined as necessary. The Committee had requested the Government:

• -to indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. The Committee had also requested the Government to specify which public services were not organized in the form of an establishment whose employees were excluded from the scope of Act No. 20-A/92 by virtue of section 2 of this instrument. The Committee notes that, in its recent comment, the ITUC points out that collective bargaining is restricted in the public sector.
• – to send information on the collective wage bargaining of public employees who were not engaged in the administration of the State. The Committee takes note of the information provided by the Government stating that: (1) wages increases are negotiated within the Council for Social Dialogue which is a tripartite body; (2) there are difficulties in the area of collective bargaining in the country, and the Government has requested ILO technical assistance to cope with this problem. The Committee recalls that according to Article 4 of the Convention, all public servants other than those engaged in the administration of the State should enjoy the right to collective bargaining. The Committee hopes that the technical assistance requested will be provided in the near future and requests the Government to indicate whether the trade union organizations of public servants who are not engaged in the administration of the State have, under the new Constitution, the right to negotiate with their public employers on working conditions other than wages.
• -to amend sections 20 and 28 of the Collective Bargaining Act No. 20-A/92 which provide that collective labour disputes in public utility enterprises may be settled through compulsory arbitration by the Ministry of Labour, Public Administration and Social Security after the parties have been heard. The Committee had noted that the list of public utility activities (section 1.3) was much broader than the concept of 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). The Committee requests the Government to indicate whether the adoption of the new Constitution has had an impact on the validity of the provisions of Act No. 20-A/92. If not, the Committee requests the Government to take the necessary measures to amend – within the framework of the technical assistance requested by the Government – sections 20 and 28 of the Act in question so that compulsory arbitration may be imposed only in cases involving essential services in the strict sense of the term.

The Committee hopes that the Government will take account of all the comments made in order to bring the current legislation fully in line with the Convention. The Committee requests the Government once again to enclose a copy of the Bill revising the Collective Bargaining Act No. 20-A/92 with its next report, or the text that might have been adopted meanwhile.

The Committee is raising other points in a request addressed directly to the Government.

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Article 4 of the Convention. The Committee asked the Government in previous comments to specify the scope of section 12 of Act No. 20-A/92 on collective bargaining, which provides that collective agreements may not contain provisions concerning fiscal measures or price policy measures. The Committee notes that the Government’s report contains no information on this matter. While recalling that provisions such as these may involve restrictions on collective bargaining that are incompatible with the Convention, the Committee again asks the Government to provide information on the scope of section 12 of Act No. 20‑A/92 on collective bargaining. It also asks the Government to take advantage of the current revision of Act No. 20‑A/92 – in consultation with the social partners – to clarify the scope of section 12 ensuring its consistency with the requirements of the Convention.

In its previous comments, the Committee took note of a few collective agreements in force. It accordingly asks the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level, indicating the number of workers covered by existing collective agreements.

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The Committee takes note of the comments by the International Trade Union Confederation (ITUC) on the application of the Convention.

The Committee recalls that for several years it has been asking the Government:

–      to amend sections 20 and 28 of Act No. 20-A/92d on the right to collective bargaining which provide that collective labour disputes in public utility enterprises may be settled through compulsory arbitration by the Ministry of Labour, Public Administration and Social Security after the parties have been heard. The Committee noted that the list of public utility activities (section 1.3) is much broader than the concept of 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). While noting that the Government once again indicates that the bills to amend Act No. 20-A/92 on collective bargaining, Act No. 21‑C/92 on trade unions and Act No. 23/91 on strikes have been submitted to the competent authorities for approval and that, during this process it will be possible for sections 20 and 28 of Act No. 20‑A/92 to be revised, the Committee expresses the firm hope that these bills will shortly be approved by the National Assembly and that they will be fully consistent with the Convention so that compulsory arbitration may be imposed only in cases involving essential services in the strict sense of the term. The Committee reminds the Government that it may seek technical assistance from the Office;

–      to indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. In its comments, the ITUC asserts that collective bargaining is prohibited in the public service. The Committee also asked the Government to specify which public services are not organized in the form of an establishment whose employees are excluded from the scope of Act No. 20-A/92 by virtue of section 2 of the Act. The Committee notes with regret that the Government’s reply contains no information on the matter. The Committee recalls that according to Article 4 of the Convention, all public servants other than those engaged in the administration of the State should enjoy the right to collective bargaining, and again asks the Government to send its observations and, where this has not been done, provide its workers with the rights and safeguards laid down in the Convention. It also asks the Government to send information on the collective negotiation of the wages of public servants who are not engaged in the administration of the State.

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The Committee notes the Government’s report.

1. Article 4 of the Convention. The Committee pointed out that the wording of section 12 of Act No. 20-A/92 of 14 August 1992 on the right to collective bargaining that provides that collective agreements may not contain provisions relating to fiscal and price policy measures, could lead to a restrictive interpretation of the right to collective bargaining and requested the Government to specify the scope of this provision and to provide examples of cases of its application. The Committee notes that the Government’s report does not contain any indication on this issue. Therefore, it once again requests the Government to indicate the scope of section 12 of Act No. 20-A/92 on the right of collective bargaining and to provide examples of cases of its application.

2. Finally the Committee notes the Government’s information concerning the signature of six enterprise collective agreements. It observes, however, that no indication is provided concerning other collective agreements at a higher level and the number of workers covered. The Committee recalls the obligation upon the Government to encourage and promote collective bargaining established in Article 4 of the Convention and requests the Government to send this information.

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The Committee notes the Government’s report as well as its reply to the comments sent by the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), of 10 August 2006 according to which the Government is the most important employer in the country and as such fixes wages unilaterally through the Ministry of Labour, Public Administrations and Social Security. The Committee notes the Government’s indication that social partners take part in the National Council for Social Dialogue, within which a tripartite technical group on minimum wage fixing was created. Moreover, the social partners also participate in the National Council for Social Security, the National Committee for the ILO and the National Committee for Employment and Professional Training, as well as in the discussions concerning the drafting of any new labour legislation.

The Committee also notes the comments sent by the National Union of Angolan Workers-Trade Union Confederation (UNTA-CS) on the application of the Convention.

Referring to its previous comments, the Committee recalls that it had requested the Government to:

–           amend sections 20 and 28 of Act No. 20-A/92 on the right of collective bargaining which provide that collective labour disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security after the parties have been heard, taking into account that the list of public utility activities (section 1.3) is broader than the concept of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee notes that the Government indicates that the National Tripartite Commission for the ILO elaborated drafts modifying Trade Union Act No. 21-C/92, Strike Act No. 23/91 and Collective Bargaining Act of No. 20-A/92 which are before the competent authorities for approval. The Committee recalls once again that, in general, arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee expresses the firm hope that the National Assembly will soon approve the new draft legislation which will be in full conformity with the provisions of the Convention. The Committee requests the Government to keep it informed on this subject;

–           indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. The Committee also requested the Government to specify which public services are not organized in the form of an enterprise whose employees, according to the terms of section 2 of Act No. 20-A/92, are not covered by the Act. The Committee observes with regret once again that the Government’s report contains no indication thereupon and requests the Government to provide it with this information.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, and the recent reply from the Government, which will be examined next year.

Moreover, the Committee requests the Government to communicate, in accordance with the regular reporting cycle and in time for the Committee’s next session in November-December 2007, its observations on all the legislative issues and issues relating to the application of the Convention in practice mentioned in its previous observation in 2005 (see 2005 observation, 76th Session).

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The Committee notes the Government’s report.

1. Article 4 of the Convention. The Committee noted previously that section 12 of Act No. 20-A/92 of 14 August 1992 on the right to collective bargaining provides that collective agreements may not contain provisions relating to fiscal and price policy measures. The Committee considers that the wording of this section might lead to a restrictive interpretation of the right to collective bargaining. The Committee had requested the Government in its previous comments to specify the scope of this provision and to provide examples of cases of its application. The Committee notes the Government’s indication that the National Tripartite Commission is currently discussing the issue. The Committee requests once again the Government to indicate the scope of section 12 of Act No. 20-A/92 on the right of collective bargaining and to provide examples of cases of its application.

The Committee notes the Government’s indication that the Strike Act and the Trade Union Act are being revised. In these circumstances, the Committee hopes that any modification to these Acts will take into consideration the matters raised in this comment.

2. The Committee once again requests the Government to provide information on the collective agreements in force concluded at the national, regional and local levels and on the number of workers covered.

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The Committee notes the Government’s report.

1. Article 4 of the Convention. The Committee noted previously that sections 20 and 28 of Act No. 20-A/92 on the right of collective bargaining provide that collective labour disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security after the parties have been heard. The Committee noted that the list of public utility activities (section 1.3) is broader than the concept of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee notes that, in its present report, the Government indicates that the Strike Act and the Trade Union Act are being revised and that the National Tripartite Commission for the ILO will examine the issue of essential services in order to propose a solution to the authorities that is in conformity with the provisions of the Convention. The Committee recalls once again that arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee expresses the firm hope that the National Tripartite Commission for the ILO will address this matter in the near future and requests the Government to take the necessary measures to amend the legislation so as to bring it into conformity with the Convention. The Committee requests the Government to keep it informed on this subject.

2. Article 6. The Committee observes with regret that the Government does not send the information requested in its previous comments. Therefore, the Committee once again requests the Government to indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. It also requests the Government to specify which public services are not organized in the form of an enterprise whose employees, according to the terms of section 2 of Act No. 20-A/92, are not covered by the Act.

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The Committee notes with regret that the Government’s report does not contain replies to the questions raised in its previous direct requests.

1. Article 4 of the Convention. The Committee noted previously that section 12 of Act No. 20-A/92 of 14 August 1992 on the right to collective bargaining provides that collective agreements may not contain provisions on taxation or pricing. The Committee once again requests the Government to specify the scope of this provision and to provide examples of cases of its application.

2. The Committee once again requests the Government to provide information on the collective agreements in force concluded at the national, regional and local levels and on the number of workers covered.

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The Committee notes with regret that the Government’s report does not contain replies to the questions raised in its previous comments.

1. Article 4 of the Convention. The Committee noted previously that sections 20 and 28 of Act No. 20-A/92 provide that collective labour disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security after the parties have been heard. The Committee noted that the list of public utility activities (section 1.3) is broader than the concept of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee recalls that arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee therefore requests the Government to take the necessary measures to amend the legislation so as to bring it into conformity with the Convention and hopes that the National Tripartite Commission for the ILO will address this matter in the near future. The Committee requests the Government to keep it informed on this subject.

2. Article 6. The Committee noted previously that, under the terms of section 2 of Act No. 20-A/92, employees in the central and local government and public services not organized in the form of an enterprise are not covered by the Act. The Committee once again requests the Government to indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. It also requests the Government to specify which public services are not organized in the form of an enterprise.

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The Committee notes with regret that the Government’s report does not contain precise replies to certain of the questions raised and is confined to indicating that the National Tripartite Commission for the ILO has been entrusted by the competent authorities with revising the legislation respecting trade unions with a view to bringing it into conformity with the Conventions that have been ratified.

1. Article 4. The Committee noted in previous comments that section 12 of Act No. 20-A/92 on the right to collective bargaining, of 14 August 1992, provides that collective agreements may not contain provisions on taxation or pricing. The Committee once again requests the Government to specify the scope of this provision and to provide examples of cases of its application.

2. The Committee noted that sections 20 and 28 of Act No. 20-A/92 provide that collective labour disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security after the parties have been heard. The Committee noted that the list of public utility activities (section 1(3)) is broader than the concept of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee recalls that arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee therefore requests the Government to take the necessary measures to amend the legislation so as to bring it into conformity with the Convention and hopes that the National Tripartite Commission for the ILO will address this matter in the near future. The Committee requests the Government to keep it informed on this subject.

3. The Committee once again requests the Government to provide information on the collective agreements concluded at the national, regional and local levels and on the number of workers covered.

4. Article 6. The Committee noted in previous comments that, under the terms of section 2 of Act No. 20-A/92, employees in central and local government and public services not organized in the form of an enterprise are not covered by the Act. The Committee once again requests the Government to indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. It also requests the Government to specify which public services are not organized in the form of an enterprise.

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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:

1. Article 4 of the Convention. The Committee notes that, under section 12 of Act No. 20-A/92 on the right to collective bargaining of 14 August 1992, collective agreements may not contain provisions on taxation or pricing. The Committee asks the Government to specify the scope of this provision and to give instances of its application.

2. The Committee notes that sections 20 and 28 of Act No. 20-A/92 allow collective labour disputes in public utility enterprises to be settled jointly by the Ministries of Labour, Social Security and Public Administration after the parties have been heard. The Committee notes that the list of public utility activities (section 1(3)) is broader than the notion of essential services in the strict sense (services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee recalls that arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee therefore asks the Government to take the necessary steps to amend the legislation in order to bring it into line with the above principle.

3. The Committee also asks the Government to provide information on national, regional or local collective conventions in force and on the number of workers covered.

4. Article 6. The Committee notes that, according to section 20 of the Act, employees of central and local government and public services not organized in the form of an enterprise are not covered by the Act. The Committee asks the Government to indicate whether the legislation guarantees the right to collective bargaining of public employees not engaged in state administration and, if so, to indicate the relevant provisions. It also asks the Government to specify which public services are not organized in the form of an enterprise.

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The Committee notes the Government’s report.

1. Article 4 of the Convention. The Committee notes that, under section 12 of Act No. 20-A/92 on the right to collective bargaining of 14 August 1992, collective agreements may not contain provisions on taxation or pricing. The Committee asks the Government to specify the scope of this provision and to give instances of its application.

2. The Committee notes that sections 20 and 28 of Act No. 20-A/92 allow collective labour disputes in public utility enterprises to be settled jointly by the Ministries of Labour, Social Security and Public Administration after the parties have been heard. The Committee notes that the list of public utility activities (section 1(3)) is broader than the notion of essential services in the strict sense (services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee recalls that arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee therefore asks the Government to take the necessary steps to amend the legislation in order to bring it into line with the above principle.

3. The Committee also asks the Government to provide information on national, regional or local collective conventions in force and on the number of workers covered.

4. Article 6. The Committee notes that, according to section 20 of the Act, employees of central and local government and public services not organized in the form of an enterprise are not covered by the Act. The Committee asks the Government to indicate whether the legislation guarantees the right to collective bargaining of public employees not engaged in state administration and, if so, to indicate the relevant provisions. It also asks the Government to specify which public services are not organized in the form of an enterprise.

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The Committee notes the Government's report.

Article 4 of the Convention. The Committee notes that Act No. 20-A/92 respecting the right to collective bargaining, to which the Government refers in its report, has not been received. The Committee once again requests the Government to provide the text of the above Act.

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The Committee notes the Government's report.

Article 4 of the Convention. The Committee requests the Government to transmit a copy of the text of Act No. 20-A/92 respecting the right to collective bargaining with a view to assessing whether the above Act is in conformity with the provisions of the Convention.

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Further to its previous direct request, the Committee notes the indication in the Government's report that the Bill concerning trade unions had been approved and was in the process of being published.

The Committee asks the Government to communicate a copy of the text with its next report.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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The Committee takes due note of the information supplied by the Government in its last report.

The Committee asks the Government to inform it of the outcome of the discussions on the Bill concerning trade unions to which it refers in its report for the period ending 30 June 1990.