Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Gabon (Ratification: 1961)

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The Committee notes the adoption of Act No. 022/2021 of 19 November 2021 on the Labour Code.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee notes that Act No. 022/2021 of 19 November 2021 on the Labour Code contains several general provisions concerning the prohibition of acts of anti-union discrimination and interference (sections 9, 304 and 334). However, the Committee observes that the new Labour Code does not appear to include specific provisions on the penalties applicable in this regard. Recalling that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see the 2012 General Survey on the fundamental Conventions, paragraphs 190 and 193), the Committee requests the Government to provide information on the application in practice of the aforementioned provisions of the Labour Code concerning acts of anti-union discrimination and interference, and on the applicable penalties.

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to continue its efforts to find solutions that would make it possible to determine the most representative organizations with a view to the renegotiation of sectoral collective agreements in 11 sectors of activity. The Committee notes the Government’s indication that Act No. 022/2021 on the Labour Code improved and strengthened the legal framework regarding the representativeness of employers’ and workers’ organizations (sections 316 and 317). The Committee notes in particular that, under section 316: (i) “any trade union with a membership of at least 25 per cent of enterprise employees for the purposes of enterprise-level bargaining shall be eligible to be representative as a first-level trade union”; (ii) “any federation with a membership of at least 30 per cent of workers in the sectors to which the federation belongs for the purpose of sectoral bargaining shall be eligible to be representative at the federal level”; and (iii) “any confederation with a membership of at least 40 per cent of workers in all the federations in a sector for the purposes of national or regional bargaining shall be eligible at the national level”. The Committee adds that other criteria, cumulatively, are taken into account in the determination of representativeness, as listed in section 317, including: the number of members; union dues; the independence of organizations from each other, and from the government and political parties; and the union membership rate. The Committee requests the Government to provide information on the application in practice of sections 316 and 317 for the purpose of determining the representativeness of trade union organizations, and regarding its impact on the renegotiation of the collective agreements in question. In order to ensure that the representativeness thresholds do not constitute an obstacle to the promotion of collective bargaining, the Committee requests the Government to take the necessary measures to address, in the legislation, the exercise of the right to collective bargaining in cases where no workers’ organization reaches the required representativeness thresholds.

Right of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed, the sectors concerned and the number of workers covered.