Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Gabon (Ratification: 1960)

Article 3 of the Convention. Negotiated minimum service. In its previous comments the Committee asked the Government to provide copies of any text issued under the Labour Code concerning minimum service (sections 348, 352 and 354 of the Labour Code) and any other texts relating to the application of the Convention. In this regard, the Committee notes Decree No. 023/PR/MTEPS of 11 February 2010 adopting the list of enterprises obliged to provide a minimum service and determining the procedures for the implementation thereof, a copy of which is attached to the Government’s report. The Committee notes that, under section 2 of the Decree, minimum service is defined as the organization and execution, by a group of employees on strike from an enterprise or one or more of its establishments, of activities the total interruption of which is such as to jeopardize vital economic activities or the continuity of essential public services. The Committee observes that section 5 of the Decree establishes a list of enterprises which are obliged to provide a minimum service. The Committee recalls that the determination of a minimum service should be limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service in order to avoid endangering public health or safety. It also recalls that the workers’ and employers’ organizations concerned should be consulted in the definition of such a minimum service and that in the event of disagreement regarding the composition of the minimum service, the legislation should provide for the settlement thereof by an independent body and not by the Ministry of Labour or the ministry or public enterprise concerned. The Committee requests the Government to send information on the minimum services agreed with the social partners in relation to the list of different sectors determined in section 5 of the Decree of 11 February 2010. It also requests the Government to indicate the provisions that prescribe settlement by an independent body of any disagreement regarding composition of the minimum service.

The Committee notes Circular No. 01418/MENSRSIPPG/CAB of 16 November 2009 concerning the minimum service for schools. It notes that the circular provides in the event of a stoppage for the organization and operation of the following minimum service: regular functioning of all first and final years of all cycles of education, training and research; normal organization of examinations and competitions held at the end of a cycle and for moving to the year above; teaching of core courses in the intermediate years. This minimum service is one of the prerequisites for a strike to be legal. The Committee considers that even though minimum services can be established in the education sector in the event of a long strike, these must be determined in full consultation with the social partners. Hence, in determining minimum services and the number of workers for ensuring they are maintained, it is important to have the participation not only of the public authorities but also of the workers’ organizations concerned. Apart from the fact that this would enable a careful discussion of what minimum services are strictly necessary in reality, it would contribute towards ensuring that minimum services are not extended so far as to render the strike useless because of its limited impact and towards avoiding giving the impression to the trade unions that any failure of the strike is due to the minimum service having been prescribed in excessively broad terms and in a unilateral manner. The Government is therefore requested to indicate whether the minimum services provided for in Circular No. 01418/MENSRSIPPG/CAB of 16 November 2009 concerning the minimum service for schools have been determined in consultation with the social partners concerned. If not, the Government is requested to take the necessary steps to start negotiations as soon as possible with the social partners with a view to determining the features of a minimum service in the event of a strike in the education, training and research sector. The Committee trusts that the Government’s next report will contain information in this regard.