Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes with regret that the Government’s report has not been received. It takes note of the observations of 29 August 2008 by the International Trade Union Confederation (ITUC) on legislative issues that the Committee has already raised.

In its previous comments, the Committee raised the following matters.

Article 1 of the Convention. Need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as provided in the Labour Code, against acts of anti-union discrimination at the time of recruitment and during employment; (b) to provide expressly for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference; (c) to provide for rapid appeal procedures and sufficiently dissuasive sanctions for violations of section 3 of the draft new Labour Code, which provides that no employer may take into consideration membership of a trade union and trade union activities of workers in making decisions about recruitment, performance and distribution of work, termination of the employment contract, etc.

Article 2. Need to include in the draft Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by efficient and expeditious procedures and sufficiently dissuasive sanctions.

The Committee trusts that the Government will take the necessary steps to ensure that the provisions of the new Labour Code, which have been under preparation for many years, are fully consistent with Articles 1 and 2 of the Convention. The Committee requests the Government to indicate all progress towards this end in its next report.