Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Workers' Representatives Convention, 1971 (No. 135) - Sao Tome and Principe (Ratification: 2005)

The Committee notes that the Government’s report has not yet been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes that section 6 of Trade Union Act No. 5/92 of 28 May 1992 states that any agreement, provision or act aimed at making an employee or his conditions of work subject to being or becoming a member of a trade union or to renouncing membership thereof shall be null and void. The Committee also notes that, with regard to the dismissal of trade union stewards, section 12(4) of the aforementioned Act states that the dismissal of a trade union steward can only be on the grounds of a justified disciplinary measure or the definitive closure of the enterprise. In addition, section 14(b) of Act No. 6/92 of 21 February 1992 concerning individual conditions of work provides that the employer has the duty to avoid discriminatory procedures on the basis of the worker’s membership of a trade union. Finally, the Committee noted that, according to the Government, the legislation does not lay down penalties for acts of anti-union discrimination. The Committee therefore requests the Government to take the necessary steps to establish penalties in law that constitute an adequate deterrent against acts of anti-union discrimination.