Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mozambique (Ratification: 1996)

In its previous comments, the Committee noted the 2010 observations of the International Trade Union Confederation (ITUC) referring once again to acts of anti-union discrimination in export processing zones and the consistent violation of collective agreements. Recalling that similar observations had already been brought to its attention and noting that the Government has still not provided information in reply, the Committee urges the Government to provide its comments in this respect and to ensure that the provisions of the Convention are applied in this sector.

Adoption of the Act on trade union organization in the public service. The Committee notes with satisfaction the adoption on 27 August 2014 of the Act on trade union organization in the public service which recognizes the freedom of association and right to collective bargaining of public servants. With a view to ensuring that public servants and employees who are not engaged in the administration of the State (for example, workers in public enterprises, municipal employees and employees in decentralized institutions, teachers in the public sector) who are covered by the present Convention benefit from its guarantees, the Committee is addressing a series of questions and comments to the Government on certain provisions of the Act in a direct request.

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to provide information on the number of complaints received concerning acts of anti-union discrimination and interference, and the amount of the fines imposed, with a view to being able to assess whether the penalties envisaged (between five and ten minimum wages, which may be doubled in the event of repeat offences) are sufficiently dissuasive in practice. The Committee notes with regret that the Government has still not provided information on this point. The Committee therefore once again requests the Government to provide detailed information on the number of complaints received concerning acts of anti-union discrimination and interference, and the amount of the fines imposed, including in export processing zones which, according to the ITUC, are the areas most frequently subject to anti-union discrimination and interference.

The Committee is raising other matters in a request addressed directly to the Government.