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

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Guinea (Ratification: 1978)

Legislation. The Committee recalls that section 131.1 of the Labour Code of 2014 provides that the prior approval of the public employment service must be obtained in order to employ a foreign worker outside the Economic Community of West African States and that the hiring of foreign workers is governed by special regulations. The Government indicates that the draft order issuing regulations on the use of foreign labour, which was examined and adopted by the Labour and Social Legislation Advisory Committee at its 2014 session, will be forwarded once it has been signed by the competent authority. The Committee requests the Government to send a copy of the order issuing regulations on the use of foreign labour.

Article 6 of the Convention. Detection of movements or employment of migrants in an irregular situation. The Committee notes the Government’s indication that section 6 of the draft order issuing regulations on the use of foreign labour provides that any employer using the services of a foreign worker without having obtained prior approval or who refuses to provide the “Africanization plan” shall be obliged to pay the cost of repatriation of the worker if he has brought the latter from a foreign country and to pay a fine equivalent to three months’ wages of the worker and equivalent to six months’ wages for a repeat offence. The Committee requests the Government to provide information on the application in practice of the order issuing regulations on the use of foreign labour, once it has come into force, including with regard to fines and penalties imposed and any other measure taken to detect and penalize the movements or employment of migrants in an irregular situation.

Article 8. Legal status in the case of loss of employment. The Committee recalls that section 3 of the Labour Code does not contain any provisions regarding the legal status of migrant workers in a regular situation in the country who lose their jobs before the end of their employment contract. The Committee therefore requests the Government to clarify their legal status and their right to enjoy equality of treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and retraining, and to confirm that migrant workers are not regarded as being in an irregular situation by the mere fact of the loss of their employment.

Article 10. National equality policy. The Committee recalls that section 5 of the Labour Code, which prohibits discrimination relating to employment, vocational training and social benefits, does not prohibit discrimination on the basis of nationality. The Government indicates that the terms “national extraction” and “social origin” include nationality and that the Labour Code therefore prohibits any discrimination based on this ground. The Committee draws the Government’s attention to paragraphs 762, 776 and 802 of its 2012 General Survey on the fundamental Conventions, containing definitions of the grounds of national extraction and social origin, which are separate from the ground of nationality. The Committee recalls that each Member for which the Convention is in force undertakes to declare and pursue a national policy designed to promote and to guarantee equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for migrant workers and the members of their families lawfully within its territory. The Committee requests the Government to indicate the manner in which it ensures that migrant workers or members of their families lawfully within its territory enjoy equality of opportunity and treatment in employment, occupation and social security. The Committee requests the Government to indicate the manner in which it ensures that foreign nationals who are legally resident in the country enjoy equality of opportunity and treatment in employment and occupation and are not victims of discrimination in this respect. The Committee urges the Government to include the ground of nationality in section 5 of the Labour Code the next time the Code is revised.

Equal treatment and trade union rights. The Committee recalls that sections 322.4 and 311.6 of the Labour Code contain conditions of residence and reciprocity for migrant workers to be able to take up trade union office or occupy management functions in employers’ organizations. The Government indicates that studies will be undertaken to consider whether or not to amend the relevant provisions of the Labour Code. The Committee once again draws the Government’s attention to the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions, whether it be of residence or reciprocity. The Committee therefore expresses the hope once again that the Government will amend sections 322.4 and 311.6 of the Labour Code accordingly. The Committee requests the Government to clarify, if applicable, the conditions necessary for the exercise of trade union functions or management functions in employers’ organizations by foreigners engaged in a professional activity and lawfully residing within the territory.