Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sao Tome and Principe (Ratification: 1992)

The Committee has noted the information provided by the Government in its first report on the application of the Convention. Similarly, the Committee notes the Draft Law on the Rules Governing Collective Bargaining.

Article 1. The Committee observes that Union Act No. 5/92 (sections 6 and 12(c)), Act No. 6/92 on the Rules Governing Individual Working Conditions (section 14(c)) and Act No. 2/91 on the Rules Governing the Conduct of Union Activities (sections 2, 3, 4 and 5) contain provisions designed to provide workers with protection against acts of anti-union discrimination in respect of their employment. The Committee requests the Government to indicate in its next report what sanctions may be imposed in cases where acts of anti-union discrimination are committed. Furthermore, the Committee would be grateful if the Government would indicate how the system of protection operates in practice.

Article 2. While it observes that Union Law No. 5/92 provides, in section 3(2), that it is forbidden for employers and their organizations, or other non-union bodies, to promote the setting up of, to maintain or subsidize union organizations by whatever means, or to intervene in whatever way in their organization or management, the Committee requests the Government to indicate what sanctions may be imposed against acts of interference among workers' and employers' organizations.

Article 4. With reference to the Draft Law on the Rules Governing Collective Bargaining, the Committee considers that in general terms its provisions do comply with the Convention. Notwithstanding, the Committee requests the Government to: (1) provide clarifications on the conciliation procedure referred to (duration, possibility to strike once the procedure has been completed and so on) (section 14 of the draft); and (2) state whether public servants who are not employees of the state administration may bargain collectively in respect of their conditions of employment. The Committee requests the Government to inform it, in its next report, whether the draft law in question has been adopted.

Finally, the Committee requests the Government to provide it with a copy of the Civil Service Statute to which it refers in its report.