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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guinea - Bissau (Ratification: 1977)

The Committee notes the Government's report and recalls that in its previous comments it had asked the Government to supply information on the following matters:

Article 4 of the Convention. 1. The Committee had asked the Government to continue to supply information on the effect given to Article 4 and, in particular, to provide the text of any collective agreements that were adopted. On that matter, the Committee regrets that the Government has not supplied any information and requests it once again to supply the texts of any collective agreements which have been concluded.

2. In its previous observation, the Committee had asked the Government to specify the categories of public servants covered by the Bill which was to be adopted by the National Assembly in the near future and to indicate the measures proposed to ensure that public servants excluded from the General Labour Law who were not engaged in the administration of the State, in particular teachers, had the right to negotiate collectively. The Committee had also asked the Government to inform it about the details of the special Act which regulates the exercise of freedom of association of employees in the public service of which the ILO knew the existence but not the terms.

In this matter, the Committee notes the Government's information that the special Act which regulates exercise of freedom of association in the public service has not yet been published. None the less, Decree No. 12-A/94 of 28 February 1994 has been issued which approves the new Status of Public Administration Staff, applicable to central and local administration officials and employees and workers in public institutions.

The Committee also regrets that the Government has not informed it whether the status of the staff in question specifically recognizes that public officials excluded from the General Labour Law who are not engaged in the administration of the State, in particular teachers, have the right to bargain collectively.

The Committee recalls that whereas Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories of workers should enjoy the guarantees of the Convention and, consequently, be able to negotiate collectively their conditions of employment (see 1944 General Survey on freedom of association and collective bargaining, paragraph 262).

The Committee requests the Government once again to take the necessary measures to recognize that public servants excluded from the General Labour Law who are not engaged in the administration of the State, in particular teachers, have the right to bargain collectively and to send it any legislation adopted on this subject.