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

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Previous comment

Promotion of collective bargaining in practice. Further to its previous comments, the Committee notes the information provided by the Government concerning the conclusion of six collective agreements, of which three have been signed by private security enterprises covering a total of 1536 workers. It also notes the Government’s indication that there are other private security enterprises which have also concluded collective agreements, but that they have not provided information on the number of workers covered. However, the Committee notes with regret that the Government has not provided information on any action taken to promote collective bargaining, and that it has not indicated whether the National Committee for the Promotion of Collective Bargaining is once again in operation. Noting the information provided and recalling that under Article 4 of the Convention it is the responsibility of the Government to promote the voluntary collective bargaining of terms and conditions of employment, the Committee requests the Government to: (i) take specific measures to promote collective bargaining and report the measures adopted; (ii) provide information on the situation with regard to the National Committee for the Promotion of Collective Bargaining; and (iii) continue to provide information on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by the agreements.

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Promotion of collective bargaining in practice. The Committee notes the information provided by the Government on the revision, in 2018, of the collective agreement for the private security sector. The Committee encourages the Government to continue its efforts to promote collective bargaining, also indicating whether the National Committee for the Promotion of Collective Bargaining is now back in operation. The Committee requests the Government to provide full particulars on the number of collective agreements that have been concluded and are in force, the sectors concerned and the number of workers covered by these agreements.

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

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

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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

In its previous comments, having noted the low number of existing collective agreements, the Committee asked the Government to provide information on the impact of the 2011 Plan of Action for collective bargaining on the number of collective agreements concluded and on the work of the National Committee for the Promotion of Collective Bargaining.

The Committee notes the information provided by the Government on the support given by the Directorate-General for Labour, with ILO assistance, to the negotiations for a collective agreement in the hotel sector and on the ILO mission conducted in December 2012 to help draft a collective agreement for the banking sector. However, the Committee notes that it has not received any information on the number of collective agreements concluded since its last comments or on the work of the National Committee for the Promotion of Collective Bargaining. The Committee therefore requests the Government to pursue its efforts to promote collective bargaining, particularly in the context of the National Committee for the Promotion of Collective Bargaining, and to provide information in its next report on the results achieved, particularly in terms of collective agreements signed.

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In its previous comments, having noted the low number of existing collective agreements, the Committee asked the Government to provide information on the impact of the 2011 Plan of Action for collective bargaining on the number of collective agreements concluded and on the work of the National Committee for the Promotion of Collective Bargaining.

The Committee notes the information provided by the Government on the support given by the Directorate-General for Labour, with ILO assistance, to the negotiations for a collective agreement in the hotel sector and on the ILO mission conducted in December 2012 to help draft a collective agreement for the banking sector. However, the Committee notes that it has not received any information on the number of collective agreements concluded since its last comments or on the work of the National Committee for the Promotion of Collective Bargaining. The Committee therefore requests the Government to pursue its efforts to promote collective bargaining, particularly in the context of the National Committee for the Promotion of Collective Bargaining, and to provide information in its next report on the results achieved, particularly in terms of collective agreements signed.

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Article 4. Promotion of collective bargaining. In its previous comments, the Committee had noted comments from national trade union organizations concerning the limited number of collective agreements concluded, and the Government’s confirmation that the total number of agreements remained low. The Committee had also noted the Government’s request for technical assistance from the ILO Dakar Office to promote voluntary collective bargaining.

The Committee notes in this respect that a national workshop on collective bargaining was held in Praia on 9, 10 and 11 May 2011, resulting in a national Action Plan on collective bargaining. The Committee notes that, according to the Government, the objectives of this workshop were to: (a) recall the major principles of collective bargaining; (b) enable the stakeholders to evaluate the level of collective bargaining in the country; (c) present to the social partners the methods and procedures of collective bargaining, as well as bargaining techniques; and (d) make recommendations with a view to improving the situation as regards the conclusion of collective agreements. Furthermore, the Committee notes that the priority objectives of the Action Plan are: (1) to consolidate the technical capabilities of the social partners; and (2) to create a national committee for the promotion of collective bargaining.

The Committee notes with interest the adoption of Deliberation of 17 June 2011 establishing the National Committee for the Promotion of Collective Bargaining.

Finally, the Committee notes that: (1) a collective labour agreement was concluded with TAP-Air Portugal and published in the Official Gazette of 16 October 2009; and (2) the collective labour agreement of the private insurance sector is in the process of being revised.

The Committee requests the Government to provide information on the progress made in the area of collective bargaining as part of the Action Plan adopted in May 2011 and of the impact of the measures mentioned above on the number of collective agreements concluded. The Committee also requests the Government to provide information on the National Committee for the Promotion of Collective Bargaining.

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Article 4 of the Convention. Promotion of collective bargaining. The Committee notes the conclusions of the Committee on Freedom of Association in Case No. 2622 (March 2010 meeting) asking the Government to take all necessary steps, in consultation with the social partners, to amend or repeal section 110 of the Labour Code requiring the parties to a collective agreement to bear the cost of publishing it in the Official Journal. The Committee on Freedom of Association drew the Committee of Experts’ attention to this matter. The Committee notes with interest that Legislative Decree No. 5/2010 of 16 June 2010 now provides that collective agreements may be published on the Ministry of Labour’s website.

In its previous comments the Committee noted that very few collective agreements had been concluded. It noted that the Government had sent a copy of two collective agreements (telecommunications and private security), and pointed out that collective bargaining must be voluntary and that the role of the Government was to promote it without forcing it. The Government added that technical assistance from the Office for building the capacity of the social partners in collective bargaining techniques would contribute to improving the situation. The Government indicated that the social partners agreed to a request for such assistance.

The Committee notes in this connection the comments of 19 February 2010 by the National Workers’ Union of Cape Verde–Trade Union Confederation (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL). According to the UNTC-CS, there are various reasons for the drop in the number of collective agreements concluded and these include a lack of commitment on the part of the institutions engaged in the promotion of collective bargaining, and a lack of resolve in enforcing the few collective agreements that do exist. The CCSL, for its part, asserts that the Government has been unable to raise awareness and promote collective agreements as measures consist only of seminars or workshops that produce nothing concrete in terms of collective agreements. The main sectors of the economy (air transport, dock work, insurance, water and energy supply, health, education, public administration) are in the charge of the Government, which lacks the legitimacy and credibility to promote and order the conclusion of collective agreements in other sectors.

The Committee also notes the information from the Government that despite a slight increase in the number of collective conventions concluded, the total number of agreements is still low. As regards the economic sectors referred to by the CCSL, it notes the Government’s statement that a collective agreement has been adopted with the enterprise ELECTRA SA and that an agreement concluded with the enterprise TAP-Air Portugal is to be published shortly.

The Committee expresses concern that so few collective agreements have been concluded. It notes that the Government has asked for technical assistance from the ILO Dakar Office to promote voluntary collective bargaining and that it has already planned a series of conferences to this end, which are now under way. The Committee expresses the firm hope that the Government will pursue its efforts and requests it to indicate any developments in this area. It hopes that the technical assistance requested will be forthcoming in the very near future.

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The Committee notes with regret that the Government’s report has not been received. The Committee has learned that a new Labour Code was adopted by Legislative Decree No. 5/2007, which, like the earlier Code, contains provisions on protection against acts of anti-union discrimination and interference, and sufficiently dissuasive sanctions.

In its previous comments, the Committee noted that there were very few collective agreements. In the absence of a report from the Government, the Committee is unable to note any improvements in the situation. It recalls that in its previous comments it noted that the Government had sent copies of two collective agreements (telecommunications and private security) and indicated that collective bargaining must be voluntary and that the role of government is to promote it without forcing it. The Government added that technical assistance for building the capacity of the social partners in collective bargaining techniques would contribute to improving the situation. It stated that the social partners were in agreement to request such assistance.

The Committee once again asks the Government to pursue its efforts to promote collective bargaining and expresses the hope that the technical assistance requested by the Government with the agreement of the social partners would be provided in the near future.

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

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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:

Very low number of collective agreements. The Committee had noted that the Government had sent copies of two collective agreements (telecommunications and private security) and indicated that collective bargaining must be voluntary and that the Government’s role is to promote it without forcing it. The Government added that the Office’s technical assistance to strengthen the capacities of the social partners in collective bargaining techniques would contribute to improving the situation. The Government indicates that the social partners are in agreement to request this technical assistance.

The Committee requests again the Government to continue its efforts to promote collective bargaining and hopes that the technical assistance requested by the Government with the agreement of the social partners will be provided in the near future.

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

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

Very low number of collective agreements. The Committee had noted that the Government has sent copies of two collective agreements (telecommunications and private security) and indicated that collective bargaining must be voluntary and that the Government’s role is to promote it without forcing it. The Government added that the Office’s technical assistance to strengthen the capacities of the social partners in collective bargaining techniques would contribute to improving the situation. The Government indicates that the social partners are in agreement to request this technical assistance.

The Committee requests again the Government to continue its efforts to promote collective bargaining and hopes that the technical assistance requested by the Government with the agreement of the social partners will be provided in the near future.

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

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The Committee notes the Government’s report.

Very low number of collective agreements. The Committee notes that the Government has sent copies of two collective agreements (telecommunications and private security) and indicates that collective bargaining must be voluntary and that the Government’s role is to promote it without forcing it. The Government adds that the Office’s technical assistance to strengthen the capacities of the social partners in collective bargaining techniques would contribute to improving the situation. The Government indicates that the social partners are in agreement to request this technical assistance. Furthermore, in its awareness of the value of collective bargaining, the Government indicates that the Ministry of Labour has declared 2005 to be the "Year for the promotion of collective bargaining".

The Committee requests the Government to continue its efforts to promote collective bargaining and hopes that the technical assistance requested by the Government with the agreement of the social partners will be provided in the near future.

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The Committee notes that the Government’s report contains no reply to its previous comments. In its last observation the Committee had noted that so far only one collective agreement concerning several sectors had been signed. The Government had admitted that little progress had been made in the area of collective bargaining and had stated that various measures had been taken to promote collective bargaining, including the organization of seminars.

The Committee requests the Government to pursue its efforts to promote collective bargaining, and expresses the hope that it will be able to note in the near future that significant progress has been made and that more collective agreements have been adopted.

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The Committee notes the Government’s report.

In its previous observation the Committee had asked the Government to introduce measures to give effect to the provisions of Article 4 of the Convention, and had expressed the hope that the Government would be in a position to include copies of new collective agreements in its next report.

The Committee notes that, according to the Government, there has been little progress as regards collective bargaining but that a number of measures, including the organization of seminars, have been taken to promote collective bargaining. To date, only one collective agreement covering several sectors has been signed.

The Committee requests the Government to pursue its endeavours to promote collective bargaining and expresses the hope that in the near future it will be able to note significant progress.

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The Committee notes the Government’s report.

The Committee recalls that in its previous observation it had noted that workers’ and employers’ organizations had not availed themselves of the possibilities offered by national legislation for collective bargaining. The Committee had reminded the Government that in ratifying the Convention, it had undertaken to adopt appropriate measures to encourage and promote the full development and utilization of machinery for voluntary negotiation, with a view to the regulation of terms and conditions of employment by means of collective agreements.

In this context, the Committee notes with interest the Government’s statement that security companies and the Industry, Services, Trade, Agriculture and Fisheries Union have concluded a collective agreement which was published in the Official Bulletin of 22 February 1999 and that this agreement has been extended nationally to cover all enterprises supplying this service and all workers in the sector. The Committee also notes the Government’s indication that, with the mediation of the General Directorate of Labour, the National Airports and Safety of Air Traffic Company and the air traffic controllers are negotiating a collective agreement. The Government also states that steps have been taken to encourage the practice of collective bargaining.

In the light of this information, the Committee requests that the Government continue to introduce measures to ensure the application of the provisions of Article 4 of the Convention, and hopes that the Government will be able to include the texts of new collective agreements concluded with its next report.

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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:

The Committee had observed that workers' and employers' organizations had not availed themselves of the possibilities offered by national legislation for collective bargaining. The Committee reminded the Government that in ratifying the Convention it had undertaken to adopt appropriate measures to encourage and promote the full development and utilization of machinery for voluntary negotiation, with a view to the regulation of terms and conditions of employment by means of collective agreements. Under these conditions, the Committee requested the Government to take the measures necessary to implement the provisions of Article 4 of the Convention and hoped that in its next report the Government would be able to provide copies of the texts of collective agreements concluded.

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The Committee notes the report made by the Government.

With reference to its previous comments, the Committee regrets to observe that the Government reiterates that it has not been possible to send the texts of agreements concluded, since workers' and employers' organizations have not availed themselves of the possibilities offered by national legislation for collective bargaining.

In this respect, the Committee once again reminds the Government that in ratifying the Convention it had undertaken to adopt appropriate measures to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organizations and workers' organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements. Under these conditions, the Committee requests the Government to take the measures necessary to implement the provisions of Article 4 of the Convention and hopes that in its next report the Government will be able to provide copies of the texts of collective agreements concluded, be they at national, regional or local level.

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The Committee notes the Government's report and recalls that its previous comments referred to the need to enact a decree to implement Legislative Decree No. 62/87 of 30 June 1987 respecting collective bargaining and to provide copies of any existing collective agreements concluded.

The Committee notes the indication in the Government's report of the publication of Act No. 101/IV/93 of 31 December 1993 which amends sections 26 and 30 of the General Legal System of Labour Relations. The Committee notes that section 26, as amended, provides that demands and replies to them in collective bargaining must take into account questions of productivity, the financial situation of the enterprise and the evolution of inflation. Similarly, it lays down that parties to the negotiation process must act in conformity with principles of good faith. In regard to section 30, as amended, paragraph 4 lays down that the parties may, at any moment, conclude a collective agreement despite the existence of administrative decisions to regulate conditions of employment (compulsory arbitration), in accordance with paragraphs 1 and 2 of that section.

The Committee recalls that, having ratified the Convention, the Government is obliged to promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organizations on the one hand and workers' organizations on the other with a view to regulating the terms and conditions of employment not only through legislation but also by other appropriate measures in practice.

The Committee therefore regrets the Government's indication in that it was not possible to send the texts of agreements concluded since workers' and employers' organizations have not made use of the possibilities offered by national legislation for collective bargaining.

The Committee asks the Government once again to provide copies of any national, regional or local collective agreements in force.

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With reference to its previous comments on the need for measures appropriate to national conditions to promote and encourage the full development and utilization of machinery for voluntary collective bargaining between employers' and workers' organizations so as to regulate conditions of employment, and in particular the need to enact a Decree to implement Legislative Decree No. 62/87 of 30 June 1987 respecting collective bargaining, the Committee notes the Government's statement that the implementing Decree has still not been enacted but that a technical committee responsible for revising the legislation on industrial relations would publish a Bill in December 1993.

The Committee draws the Government's attention to the importance it attaches to promoting and utilizing machinery for the voluntary collective negotiation of conditions of employment, in accordance with the requirements of Article 4 of the Convention. In view of the Government's assurances to the Committee on Freedom of Association in Case No. 1717, that democracy is in the process of being established (see 291st Report, paragraph 371, approved by the Governing Body at its 258th Session November 1993), the Committee asks the Government in its next report to provide information on any measures that have been taken to guarantee the right of workers to negotiate freely their conditions of employment with their employers. It also asks the Government to provide copies of any national, regional or local collective agreements that may exist.

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With reference to its previous comments, the Committee notes the information supplied by the Government in its report, to the effect that the regulations of Legislative Decree No. 62/87 of 30 June 1987 respecting collective bargaining have not yet been promulgated. The Committee hopes that the regulations will be adopted in the near future and requests the Government to provide a copy of them as soon as they have been adopted, together with information on developments in the practice of collective bargaining and copies of any existing national, regional or local agreements.

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The Committee takes note of the promulgation of Legislative Decree No. 170/91 of 27 November 1991 repealing Legislative Decrees No. 50/80 of 12 July 1980 and No. 166/85 of 30 December 1985.

The Committee notes with satisfaction that the new Decree embodies in section 11 the protection of freedom of association in employment, by providing in subsection (a) for the prohibition of any agreement or act designed to make the engagement of a worker conditional upon his joining or not joining a trade union organisation or withdrawing from one which he has joined, and in subsection (b) by making it unlawful to prejudice a worker in any way by dismissing him or transferring him to another post on the grounds of his joining or not joining a trade union organisation or of his trade union activities. Section 37(3) provides for a fine in case of inobservance of the above provisions.

The Committee reminds the Government that it has taken note with interest clauses 20 and 25 of Legislative Decree No. 62/87 of 30 June 1987 concerning collective bargaining. In this connection the Committee again asks the Government to report on developments in the practice of collective bargaining (number of agreements concluded at the national, regional or local level and sectors covered). The Committee expresses the hope that at its next session it will have before it the Government's reply on this subject.

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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, which read as follows:

Article 1, paragraph 2(a), of the Convention. In its previous direct request, the Committee noted that Decree No. 166/85 of 30 December 1985 respecting the exercise of trade union activities within the enterprise guarantees that workers are protected against acts of anti-union discrimination during employment, but that such protection is not guaranteed at the time of recruitment.

In its report, the Government states that section 43 of the Constitution which guarantees freedom of association, covers this contingency. However, it adds that, in so far as a person seeking employment has not yet attained the status of worker he cannot be covered by provisions applying to a worker in the legal sense of the term.

While noting this statement, the Committee recalls that Article 1, paragraph 2(a), of the Convention provides that protection against acts of anti-union discrimination shall apply more particularly in respect of acts calculated to make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership, and makes no reference to the legal status of the worker.

The Committee therefore asks the Government to indicate what guarantees are provided for a worker who is a victim of an act of anti-trade union discrimination at the time of recruitment since, as the Government points out, the Constitution guarantees freedom of association for all citizens.

Article 4 of the Convention. The Committee notes with interest clauses 20-25 of Legislative Decree No. 62/87, concerning collective bargaining.

It requests the Government to provide information on the practical procedures of collective bargaining (number of agreements concluded at national, regional or local levels, sectors covered).

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Article 1, paragraph 2(a), of the Convention. In its previous direct request, the Committee noted that Decree No. 166/85 of 30 December 1985 respecting the exercise of trade union activities within the enterprise guarantees that workers are protected against acts of anti-union discrimination during employment, but that such protection is not guaranteed at the time of recruitment.

In its report, the Government states that section 43 of the Constitution which guarantees freedom of association, covers this contingency. However, it adds that, in so far as a person seeking employment has not yet attained the status of worker he cannot be covered by provisions applying to a worker in the legal sense of the term.

While noting this statement, the Committee recalls that Article 1, paragraph 2(a) of the Convention provides that protection against acts of anti-union discrimination shall apply more particularly in respect of acts calculated to make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership, and makes no reference to the legal status of the worker.

The Committee therefore asks the Government to indicate what guarantees are provided for a worker who is a victim of an act of anti-trade union discrimination at the time of recruitment since, as the Government points out, the Constitution guarantees freedom of association for all citizens.

Article 4 of the Convention. The Committee notes with interest clauses 20-25 of Legislative Decree No. 62/87, concerning collective bargaining.

It requests the Government to provide information on the practical procedures of collective bargaining (number of agreements concluded at national, regional or local levels, sectors covered).