Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guinea (Ratification: 1959)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee emphasized the need to ensure that protection against acts of anti-union discrimination is not confined solely to trade union delegates and to extend it to all workers. The Committee notes with interest that the new Labour Code contains in its preliminary Title a section prohibiting discrimination in all its forms, including discrimination based on membership or not of a trade union and on trade union activity, and which provides that any act or measure contrary to this prohibition shall be absolutely null and void, unless an exception is set out in the specific provisions of the Labour Code or any other law or regulation. Noting that several provisions of the Labour Code, some of which relate to unjustified termination of employment (section 172(10)) and in other cases to anti-union acts (sections 321(1) and 523(19)) provide for the payment of damages or fines, the Committee requests the Government to specify whether these financial penalties are in addition to the act being null and void, as set out in the preliminary Title of the Labour Code, and whether the anti-union nature of dismissal or any other act by the employer also results in the reinstatement of the worker in the conditions of work or employment applicable prior to the anti-union act. In general terms, the Committee also requests the Government to provide information on the effect given in practice to the various provisions of the Labour Code prohibiting anti-union discrimination.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had emphasized the need to include in the draft new Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by effective and expeditious procedures and sufficiently dissuasive penalties. The Committee notes that section 332(7) of the new Labour Code prohibits interference by the employer in trade union activities. Noting the general nature of the wording of section 332(7) of the Labour Code, the Committee requests the Government to take measures, including legislative measures where necessary, to ensure that the prohibition of anti-union interference set out in the Labour Code effectively covers all of the acts prohibited by Article 2 of the Convention.

The Committee also notes that, in accordance with section 523(30) of the Labour Code, acts of interference give rise to a fine of between GNF2 and 5 million. While recalling the importance of the provision of dissuasive penalties so as to ensure compliance with Article 2 of the Convention in practice, the Committee requests the Government to provide information on the effect given to the provisions of the Labour Code which prohibit and sanction acts of anti-union interference.

Article 4. Promotion of collective bargaining. Determination of the representativity of trade union organizations. In its previous comments, the Committee requested the Government to indicate any new developments in relation to the judicial and administrative appeals against Decree No. D/2014/257/PRG/SGG regulating social elections in the public, para-public and private sectors. The Committee notes the Government’s indication that the judicial and administrative appeals lodged against the Decree are following their normal course and are currently before the Supreme Court, which will transfer them at the appropriate time to the Constitutional Court. Recalling the need for the sound application of the Convention, of the existence of objective and reliable mechanisms for the determination of the representative character of trade unions, and observing that this matter has been raised in a case examined by the Committee on Freedom of Association (Case No. 3169), the Committee emphasizes the importance for the competent courts to issue their decisions rapidly on the appeals lodged against Decree No. D/2014/257/PRG/SGG and requests the Government to provide information on any further developments in this regard.

Right of collective bargaining in practice. The Committee notes the information provided by the Government concerning three sectoral collective agreements concluded between 2015 and 2017, and those that are being drafted in the airports and press sectors. The Committee invites the Government to continue providing information on the collective agreements concluded, the sectors concerned and the number of workers covered.