Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that for several years it has been referring to the following matters.

Articles 4 and 6 of the Convention. The Committee previously noted the Government’s indication that it intended to pursue the process of revision of the General Labour Act, Title XI of which contains provisions on collective bargaining, and to take steps so that this text would guarantee agricultural workers and dockworkers the rights envisaged in the Convention. The Committee notes that it previously noted the Government’s indication that the draft Labour Code provided for the adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to indicate any developments relating to this draft legislation and hopes that this draft will guarantee agricultural workers and dockworkers the rights provided for by the Convention.

The Committee previously asked the Government to send information on the measures taken to adopt the special legislation which, under section 2(2) of Act No. 08/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to keep it informed of any developments in this regard.

Finally, the Committee previously asked the Government to keep it informed of any developments with regard to the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to send statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee notes that the comments made by the International Trade Union Confederation (ITUC) show that the situation with regard to collective bargaining is unsatisfactory. It reminds the Government once again that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers’ organisations and workers’ organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements”. The Committee requests the Government to take concrete measures to promote greater use in practice of collective bargaining in the private and public sectors, and to indicate any developments concerning this situation, including the number of new agreements signed and the number of workers covered by such agreements. The Committee hopes that a detailed report will be provided for examination next year in the context of the regular report examination cycle and that it will contain full information on the points raised as well as on the comments made by the ITUC.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, the Committee notes the comments made by the ITUC dated 24 August 2010 on the application of the Convention. The Committee requests the Government to provide its observations thereon.