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

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

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

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

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