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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Gabon (Ratification: 1960)

Article 3 of the Convention. Negotiated minimum service. In its previous comments, the Committee referred to Decree No. 023/PR/MTEPS of 11 February 2010 adopting the list of enterprises obliged to provide a minimum service and determining the procedures for its implementation. The Committee requested the Government to provide information on the minimum services agreed with the social partners in relation to the list of different sectors determined in section 5 of the Decree, and to indicate the legislative provisions that prescribe settlement by an independent body of any disagreement regarding the minimum service. In its reply, the Government indicates that the minimum service is negotiated on a case by-case basis by the parties under the supervision of the competent labour inspector, and that up to now it has always been established in a consensual manner. Moreover, the Government considers that in the current socio-economic environment, an independent body does not need to be established to resolve any disagreement regarding the composition of the minimum service. Nevertheless, the Government indicates that it intends to examine this possibility. Noting the Government’s indication that it is reviewing the Labour Code in consultation with the social partners, the Committee trusts that the issues concerning the determination of the list of sectors obliged to provide a minimum service, the arrangements for the negotiation of agreements and the need for an independent body to settle disputes could be examined within this framework if the social partners express the need to do so. The Committee requests the Government to provide information on any development in this respect.

In its previous comments, the Committee noted Circular No. 01418/MENSRSIPPG/CAB of 16 November 2009 concerning the minimum service for schools. The Committee recalled that minimum services can be established in the education sector in the event of a long strike, but that they should be determined in full consultation with the social partners. The Committee previously requested the Government to indicate the extent to which the minimum services provided for in the 2009 Circular were determined in consultation with the social partners concerned. In its reply, the Government indicates that it is holding negotiations with the social partners from the education, training and research sector with a view to achieving a comprehensive and satisfactory response in this matter. The Committee requests the Government to provide information on any developments in this regard.