Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guinea - Bissau (Ratification: 1977)

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

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. Sufficiently dissuasive penalties. The Committee had noted the observations of the International Trade Union Confederation (ITUC) pointing to the inadequate provisions in the General Labour Act regarding protection against anti-union discrimination, as well as the observations of the National Workers Union of Guinea (UNGT-CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. Noting the Government’s indication that progress needed to be made in this regard, the Committee requested the Government to take all necessary measures to reinforce protection mechanisms against acts of anti-union discrimination. The Committee notes the Government’s indication that the new Labour Code contains various provisions on protection against acts of anti-union discrimination. At the same time, the Committee notes the Government’s indication that no measures have been taken to reinforce protection mechanisms against acts of anti-union discrimination, while stating that it has noted the Committee’s recommendations and will communicate additional information when measures have been taken in this area. The Committee observes in this regard that although the Labour Code provides a special protection for workers’ representatives against acts of anti-union discrimination, with penalties that could be sufficiently dissuasive, such as reintegration and/or compensation (sections 398, 401 and 402), the Code does not precisely define penalties to be imposed in case of anti-union discrimination against other workers. The Committee also observes that section 48(2) of the Freedom of Association Act (Law No. 08/91) provides for fines of between 100,000.00 PG and 1,000,000.00 PG (the approximate equivalent of US$2.64 to US$26.37) in cases of anti-union discrimination, the very low amount of which cannot be considered a sufficiently dissuasive penalty. Recalling the importance of effective and rapid procedures and sufficiently dissuasive sanctions to prevent and redress all acts of anti-union discrimination, the Committee requests the Government to specify which protection mechanisms and penalties are applicable, by virtue of the new Labour Code or any other legal provision, in case of anti-union discrimination against any worker arising from his or her union affiliation or participation in union activities. In the event of section 48(2) of Act No. 8/91 remaining the applicable provision, the Committee requests the Government to take the necessary measures to amend this section so as to increase the amounts of the fines imposed to a level adequate to constitute a sufficiently dissuasive penalty against acts of anti-union discrimination.

Article 2. Adequate protection against acts of interference. Sufficiently dissuasive penalties. The Committee welcomes the fact that section 445 of the new Labour Code explicitly prohibits all the acts of anti-union interference covered in Article 2 of the Convention. The Committee notes however that the Code does not provide precise definitions of the applicable penalties. It also observes that section 48(1) of the Freedom of Association Act (Law No. 8/91) provides for a fine of between 250,000.00 PG and 2,500,000.00 PG (the approximate equivalent of US$6.59 to US$65.91 for violations of section 5(1) and (2) of this law, which prohibit acts of anti-union interference. In this regard, the Committee considers that the amount of this fine does not represent a sufficiently dissuasive penalty. The Committee requests the Government to specify the penalties, under the new Labour Code or any other legal provision, which are applicable in case of anti-union interference. In the event of section 48(1) of Act No. 8/91 remaining the applicable provision, the Committee requests the Government to take the necessary measures to amend this section so as to increase the amounts of the fines imposed to a level adequate to constitute a sufficiently dissuasive penalty against acts of anti-union interference.

Article 4. Promotion of collective bargaining. Compulsory arbitration. The Committee observes that section 496 of the new Labour Code foresees various situations where, within the framework of collective bargaining, compulsory arbitration may be requested by one of the parties or imposed by the authorities. The Committee recalls in this regard that compulsory arbitration in the framework of collective bargaining is only acceptable for public servants engaged in the administration of the State (Article 6 of the Convention), in essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and in situations of acute national crisis. On this basis, the Committee requests the Government to provide information on: (i) the definition of essential services mentioned in section 496(c); and the implementation in practice of the different paragraphs of the same section.

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

The Committee notes the Government’s indication that the new Labour Code was adopted by the National Assembly in July 2021 and is awaiting promulgation by the President of the Republic. Once promulgated, the Labour Code will repeal the General Labour Act No. 2/86.

Scope of the Convention. Categories of workers. For several years now, the Committee has been asking the Government to communicate information on the status of the draft legislation regarding the guarantee of the rights protected by the Convention to agricultural and dockworkers. The Committee noted the Government’s indication that these matters were adequately addressed in the new Labour Code under approval. The Committee notes the Government’s indication that agricultural and dockworkers are covered by the new Labour Code, However, it observes, according to section 21 of the new legislation, that the following are subject to a special regime, without prejudice to the application of the general provisions of the Code which are not incompatible with the special regimes: employment contracts issued for (a) domestic work; (b) group employment; (c) apprenticeship or training; (d) work on board commercial and fishing vessels; (e) work on board aircraft; (f) dock work; (g) rural work; and (h) work performed by foreigners. In this regard, the Committee observes that the general provisions of the Labour Code in respect of freedom of association and collective bargaining (sections 395, 396 and 397) cover only the right to establish trade union organizations, their autonomy and independence, and the prohibition of anti-union discrimination. Emphasizing all workers, with the sole exception of members of the armed forces and the police, as well as public servants engaged in the administration of the State must have access to all the rights guaranteed by the Convention and, in particular, the right to collective bargaining, the Committee requests the Government to indicate in what manner the special regimes for the different categories of workers mentioned above regulate their collective rights.

Articles 4 and 6. Collective bargaining rights of public servants not engaged in the administration of the State. In its previous comments, the Committee also requested the Government to provide information on measures taken to adopt special legislation which, under section 2(2) of Act No. 08/91 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee notes the Government’s indication that the public servants who do not exercise functions directly connected to the administration of the State are also protected by the provisions of the new Labour Code. The Committee observes, in the regard, that while section 2 of the Labour Code indicates the provisions of the Code applicable to the legal relationship in public employment, without prejudice to the provisions of the special legislation, the right to collective bargaining is not included in these provisions. In the absence of other information brought to its attention, the Committee requests the Government to specify the provisions or mechanisms whereby the different categories of public servants not engaged in the administration of the State my negotiate their working conditions and terms of employment and to provide information on the different agreements signed with the public employees’ and servants’ organizations.

Article 4. Promotion of collective bargaining. Procedures for extending collective agreements. The Committee observes that section 503 of the new Labour Code provides that the member of the Government responsible for the area of work may, by means of regulations, determine the entire or partial extension of collective labour agreements to employers of the same sector of activity and to workers of the same or a similar occupation. Recalling that the request to extend a collective agreement must, as a general rule, be made by one or more employers and workers organizations which are party to the collective agreement, the Committee requests the Government to take the necessary measures to modify the legislation to ensure that the extension of collective agreements are subject to tripartite consultations (even where they provide, as is the case in section 504 of the Labour Code, that the parties affected by the application of an extended collective agreement may submit an objection to the draft extension regulation).

Promotion of collective bargaining in practice. In its previous comments, the Committee requested the Government to provide information on the number of new collective agreements signed and on the number of workers covered by them. The Committee notes the Government’s indication that, to date, it does not have this information at its disposal, but that it will provide it as soon as it is available. Emphasizing the importance of having available statistical data in order to be able to evaluate more accurately the need to promote collective bargaining, the Committee hopes that the Government will soon be in a position to indicate the number of collective agreements concluded, the sectors covered and the number of workers concerned.

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee takes due note of the comments provided by the Government in response to observations of the International Trade Union Confederation (ITUC) to the inadequate provisions in the General Labour Act regarding the protection against anti-union discrimination, and to observations of the National Workers Union of Guinea (UNTG–CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. In this regard, the Committee notes the Government’s indication that: (i) the existing gaps in the General Labour Act regarding the protection against anti-union discrimination are filled by the application of the Constitution and the Freedom of Association Act (Law No. 08/91), recognizing, however, that its application in practice needs to be increased; and (ii) regarding the need to strengthen the capacity of the courts to enforce the labour legislation, there was the implementation of a judicial sector reform plan, approved in 2011, but that this reform is suspended since the coup d’état, which took place in 2012, and up to now has not been properly resumed. Recalling the importance of effective and rapid procedures and sufficiently dissuasive sanctions to prevent and redress all acts of anti-union discrimination and taking note of the Government’s indication that there is room for improvement in this regard, the Committee requests the Government to take all necessary measures to reinforce the protection mechanisms against acts of anti-union discrimination. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this respect.

Scope of the Convention. Agricultural workers and dockworkers. Public servants not engaged in the administration of the State. For several years, the Committee has been requesting the Government to provide information on the status of the draft legislation regarding the guarantee of the right to organize and the right to collective bargaining to agricultural workers and dockworkers. The Committee notes the Government’s indication that the General Labour Act, contains provisions on collective bargaining and the adoption of measures to guarantee the above-mentioned rights to agricultural workers and dockworkers and that in the new Labour Code, currently under approval, these matters are adequately addressed. Underlining that all categories of workers to whom the Convention applies should be clearly and effectively covered by the relevant domestic legislation, the Committee requests the Government to take the necessary measures to ensure the conformity of the new Labour Code with the Convention.

The Committee has also been requesting the Government to provide information on measures taken to adopt the special legislation which, under section 2(2) of Act No. 8/91 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee notes the Government’s indication that it will initiate discussions next year on the possibility of adopting a law on the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee requests the Government to take all necessary measures, in consultation with the social partners, to ensure that public servants not engaged in the administration of the State enjoy collective bargaining rights under the Convention. It requests the Government to provide information on any progress made in this respect.

Promotion of collective bargaining. In previous comments, the Committee had requested the Government to take specific measures to promote greater use in practice of collective bargaining in the private and the public sectors, and to report any developments in the situation, indicating the number of new agreements concluded and the number of workers covered. The Committee notes the Government’s indication that it has developed activities towards the promotion of the right to collective bargaining in the private and the public sectors, such as trainings and lectures. In the absence of information on the number of new agreements concluded and the number of workers covered by collective agreements, the Committee reiterates its request.

The Committee hopes that the new Labour Code will be adopted, without further delay, and that it will be in conformity with the provisions of the Convention. In this respect, the Committee reminds the Government that it can avail itself of the technical assistance of the Office if it so wishes.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011.

Repetition

The Committee notes the comments of 4 August 2011 by the International Trade Union Confederation (ITUC) referring to wage bargaining under the National Tripartite Council for Social Consultation and to the inadequate provisions in the General Labour Act regarding protection against anti-union discrimination. The Committee also notes the comments of 30 August 2011 by the National Workers Union of Guinea (UNTG–CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. The Committee requests the Government to send its observations thereon.

Articles 4 and 6 of the Convention. Scope of the Convention. Agricultural workers and dockworkers. The Committee noted previously the Government’s intention to pursue revision of the General Labour Act, Title XI of which contains provisions on collective bargaining and the adoption of measures to guarantee agricultural workers and dockworkers the rights laid down in the Convention. The Committee notes that, in its report, the Government states that the revision of the legislation is still in process. The Committee noted previously the Government’s statement that the draft Labour Code provided for adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to provide information on the status of the draft legislation and trusts that it will guarantee for agricultural workers and dockworkers the rights laid down in the Convention.

The Committee notes that the Government states that there is no specific legislation on this subject, which is dealt with in bodies created for the purpose such as the Standing Committee on Social Consultation. The Committee reminds the Government that it requested information on measures taken to adopt the special legislation which, under section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to send information on this matter.

The Committee requested the Government to provide information on any developments regarding the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to provide statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee noted that the ITUC’s comments show that the collective bargaining situation is not satisfactory. It again reminds the Government that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiations between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreement”. The Committee requests the Government to take specific measures to promote greater use in practice of collective bargaining in the private and public sectors, and to report any developments in the situation, indicating the number of new agreements concluded and the number of workers covered. The Committee hopes that the Government’s next report will contain full information on the matters raised and on the ITUC’s comments.

The Committee reminds the Government that it may seek technical assistance from the Office should it so wish.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2011. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes the comments of 4 August 2011 by the International Trade Union Confederation (ITUC) referring to wage bargaining under the National Tripartite Council for Social Consultation and to the inadequate provisions in the General Labour Act regarding protection against anti-union discrimination. The Committee also notes the comments of 30 August 2011 by the National Workers Union of Guinea (UNTG–CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. The Committee requests the Government to send its observations thereon.

Articles 4 and 6 of the Convention. Scope of the Convention. Agricultural workers and dockworkers. The Committee noted previously the Government’s intention to pursue revision of the General Labour Act, Title XI of which contains provisions on collective bargaining and the adoption of measures to guarantee agricultural workers and dockworkers the rights laid down in the Convention. The Committee notes that, in its report, the Government states that the revision of the legislation is still in process. The Committee noted previously the Government’s statement that the draft Labour Code provided for adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to provide information on the status of the draft legislation and trusts that it will guarantee for agricultural workers and dockworkers the rights laid down in the Convention.

The Committee notes that the Government states that there is no specific legislation on this subject, which is dealt with in bodies created for the purpose such as the Standing Committee on Social Consultation. The Committee reminds the Government that it requested information on measures taken to adopt the special legislation which, under section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to send information on this matter.

The Committee requested the Government to provide information on any developments regarding the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to provide statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee noted that the ITUC’s comments show that the collective bargaining situation is not satisfactory. It again reminds the Government that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiations between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreement”. The Committee requests the Government to take specific measures to promote greater use in practice of collective bargaining in the private and public sectors, and to report any developments in the situation, indicating the number of new agreements concluded and the number of workers covered. The Committee hopes that the Government’s next report will contain full information on the matters raised and on the ITUC’s comments.

The Committee reminds the Government that it may seek technical assistance from the Office should it so wish.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the comments of 4 August 2011 by the International Trade Union Confederation (ITUC) referring to wage bargaining under the National Tripartite Council for Social Consultation and to the inadequate provisions in the General Labour Act regarding protection against anti-union discrimination. The Committee also notes the comments of 30 August 2011 by the National Workers Union of Guinea (UNTG–CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. The Committee requests the Government to send its observations thereon.

Articles 4 and 6 of the Convention. Scope of the Convention. Agricultural workers and dockworkers. The Committee noted previously the Government’s intention to pursue revision of the General Labour Act, Title XI of which contains provisions on collective bargaining and the adoption of measures to guarantee agricultural workers and dockworkers the rights laid down in the Convention. The Committee notes that, in its report, the Government states that the revision of the legislation is still in process. The Committee noted previously the Government’s statement that the draft Labour Code provided for adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to provide information on the status of the draft legislation and trusts that it will guarantee for agricultural workers and dockworkers the rights laid down in the Convention.

The Committee notes that the Government states that there is no specific legislation on this subject, which is dealt with in bodies created for the purpose such as the Standing Committee on Social Consultation. The Committee reminds the Government that it requested information on measures taken to adopt the special legislation which, under section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to send information on this matter.

The Committee requested the Government to provide information on any developments regarding the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to provide statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee noted that the ITUC’s comments show that the collective bargaining situation is not satisfactory. It again reminds the Government that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negations between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreement”. The Committee requests the Government to take specific measures to promote greater use in practice of collective bargaining in the private and public sectors, and to report any developments in the situation, indicating the number of new agreements concluded and the number of workers covered. The Committee hopes that the Government’s next report will contain full information on the matters raised and on the ITUC’s comments.

The Committee reminds the Government that it may seek technical assistance from the Office should it so wish.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the comments of 4 August 2011 by the International Trade Union Confederation (ITUC) referring to wage bargaining under the National Tripartite Council for Social Consultation and to the inadequate provisions in the General Labour Act regarding protection against anti-union discrimination. The Committee also notes the comments of 30 August 2011 by the National Workers Union of Guinea (UNTG–CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. The Committee requests the Government to send its observations thereon.

Articles 4 and 6 of the Convention. Scope of the Convention. Agricultural workers and dockworkers. The Committee noted previously the Government’s intention to pursue revision of the General Labour Act, Title XI of which contains provisions on collective bargaining and the adoption of measures to guarantee agricultural workers and dockworkers the rights laid down in the Convention. The Committee notes that, in its report, the Government states that the revision of the legislation is still in process. The Committee noted previously the Government’s statement that the draft Labour Code provided for adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to provide information on the status of the draft legislation and trusts that it will guarantee for agricultural workers and dockworkers the rights laid down in the Convention.

The Committee notes that the Government states that there is no specific legislation on this subject, which is dealt with in bodies created for the purpose such as the Standing Committee on Social Consultation. The Committee reminds the Government that it requested information on measures taken to adopt the special legislation which, under section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to send information on this matter.

The Committee requested the Government to provide information on any developments regarding the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to provide statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee noted that the ITUC’s comments show that the collective bargaining situation is not satisfactory. It again reminds the Government that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negations between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreement”. The Committee requests the Government to take specific measures to promote greater use in practice of collective bargaining in the private and public sectors, and to report any developments in the situation, indicating the number of new agreements concluded and the number of workers covered. The Committee hopes that the Government’s next report will contain full information on the matters raised and on the ITUC’s comments.

The Committee reminds the Government that it may seek technical assistance from the Office should it so wish.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes the comments of 4 August 2011 by the International Trade Union Confederation (ITUC) referring to wage bargaining under the National Tripartite Council for Social Consultation and to the inadequate provisions in the General Labour Act regarding protection against anti-union discrimination. The Committee also notes the comments of 30 August 2011 by the National Workers Union of Guinea (UNTG–CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. The Committee requests the Government to send its observations thereon.

Articles 4 and 6 of the Convention. Scope of the Convention. Agricultural workers and dockworkers. The Committee noted previously the Government’s intention to pursue revision of the General Labour Act, Title XI of which contains provisions on collective bargaining and the adoption of measures to guarantee agricultural workers and dockworkers the rights laid down in the Convention. The Committee notes that, in its report, the Government states that the revision of the legislation is still in process. The Committee noted previously the Government’s statement that the draft Labour Code provided for adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to provide information on the status of the draft legislation and trusts that it will guarantee for agricultural workers and dockworkers the rights laid down in the Convention.

The Committee notes that in its report the Government states that there is no specific legislation on this subject, which is dealt with in bodies created for the purpose such as the Standing Committee on Social Consultation. The Committee reminds the Government that it requested information on measures taken to adopt the special legislation which, under section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to send information on this matter.

The Committee requested the Government to provide information on any developments regarding the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to provide statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee notes that the ITUC’s comments show that the collective bargaining situation is not very satisfactory. It again reminds the Government that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negations between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreement”. The Committee requests the Government to take specific measures to promote greater use in practice of collective bargaining in the private and public sectors, and to report any developments in the situation, indicating the number of new agreements concluded and the number of workers covered. The Committee hopes that the Government’s next report will contain full information on the matters raised and on the ITUC’s comments.

The Committee reminds the Government that it may seek technical assistance from the Office should it so wish.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments of 4 August 2011 by the International Trade Union Confederation (ITUC) referring to wage bargaining under the National Tripartite Council for Social Consultation and to the inadequate provisions in the General Labour Act regarding protection against anti-union discrimination. The Committee also notes the comments of 30 August 2011 by the National Workers Union of Guinea (UNTG–CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. The Committee requests the Government to send its observations thereon.

Articles 4 and 6 of the Convention. Agricultural workers and dockworkers. The Committee noted previously the Government’s intention to pursue revision of the General Labour Act, Title XI of which contains provisions on collective bargaining and the adoption of measures to guarantee agricultural workers and dockworkers the rights laid down in the Convention. The Committee notes that, in its report, the Government states that the revision of the legislation is still in process. The Committee noted previously the Government’s statement that the draft Labour Code provided for adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to provide information on the status of the draft legislation and trusts that it will guarantee for agricultural workers and dockworkers the rights laid down in the Convention.

The Committee notes that in its report the Government states that there is no specific legislation on this subject, which is dealt with in bodies created for the purpose such as the Standing Committee on Social Consultation. The Committee reminds the Government that it requested information on measures taken to adopt the special legislation which, under section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to send information on this matter.

Lastly, the Committee requested the Government to provide information on any developments regarding the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to provide statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee notes that the ITUC’s comments show that the collective bargaining situation is not very satisfactory. It again reminds the Government that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negations between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreement”. The Committee requests the Government to take specific measures to promote greater use in practice of collective bargaining in the private and public sectors, and to report any developments in the situation, indicating the number of new agreements concluded and the number of workers covered. The Committee hopes that the Government’s next report will contain full information on the matters raised and on the ITUC’s comments.

The Committee reminds the Government that it may seek technical assistance from the Office should it so wish, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that for several years it has been referring to the following matters.

Articles 4 and 6 of the Convention. The Committee previously noted the Government’s indication that it intended to pursue the process of revision of the General Labour Act, Title XI of which contains provisions on collective bargaining, and to take steps so that this text would guarantee agricultural workers and dockworkers the rights envisaged in the Convention. The Committee notes that it previously noted the Government’s indication that the draft Labour Code provided for the adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to indicate any developments relating to this draft legislation and hopes that this draft will guarantee agricultural workers and dockworkers the rights provided for by the Convention.

The Committee previously asked the Government to send information on the measures taken to adopt the special legislation which, under section 2(2) of Act No. 08/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to keep it informed of any developments in this regard.

Finally, the Committee previously asked the Government to keep it informed of any developments with regard to the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to send statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee notes that the comments made by the International Trade Union Confederation (ITUC) show that the situation with regard to collective bargaining is unsatisfactory. It reminds the Government once again that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers’ organisations and workers’ organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements”. The Committee requests the Government to take concrete measures to promote greater use in practice of collective bargaining in the private and public sectors, and to indicate any developments concerning this situation, including the number of new agreements signed and the number of workers covered by such agreements. The Committee hopes that a detailed report will be provided for examination next year in the context of the regular report examination cycle and that it will contain full information on the points raised as well as on the comments made by the ITUC.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, the Committee notes the comments made by the ITUC dated 24 August 2010 on the application of the Convention. The Committee requests the Government to provide its observations thereon.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the comments made by the International Trade Union Confederation (ITUC) referring to the issues examined by the Committee.

The Committee recalls that for several years it has been referring to the following matters.

Articles 4 and 6 of the Convention. The Committee previously noted the Government’s indication that it intended to pursue the process of revision of the General Labour Act, Title XI of which contains provisions on collective bargaining, and to take steps so that this text would guarantee agricultural workers and dockworkers the rights envisaged in the Convention. The Committee notes that it previously noted the Government’s indication that the draft Labour Code provided for the adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to indicate any developments relating to this draft legislation and hopes that this draft will guarantee agricultural workers and dockworkers the rights provided for by the Convention.

The Committee previously asked the Government to send information on the measures taken to adopt the special legislation which, under section 2(2) of Act No. 08/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to keep it informed of any developments in this regard.

Finally, the Committee previously asked the Government to keep it informed of any developments with regard to the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to send statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee notes that the comments made by the ITUC show that the situation with regard to collective bargaining is unsatisfactory. It reminds the Government once again that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers’ organisations and workers’ organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements”. The Committee requests the Government to take concrete measures to promote greater use in practice of collective bargaining in the private and public sectors, and to indicate any developments concerning this situation, including the number of new agreements signed and the number of workers covered by such agreements. The Committee hopes that a detailed report will be provided for examination next year in the context of the regular report examination cycle and that it will contain full information on the points raised as well as on the comments made by the ITUC.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the report has not been received. The Committee notes the comments made by the International Trade Union Confederation (ITUC), dated 29 August 2008, referring to the issues examined by the Committee.

The Committee recalls that for several years it has been referring to the following matters:

Articles 4 and 6 of the Convention. The Committee previously noted the Government’s indication that it intended to pursue the process of revision of the General Labour Act, Title XI of which contains provisions on collective bargaining, and to take steps so that this text would guarantee agricultural workers and dockworkers the rights envisaged in the Convention. The Committee notes that it previously noted the Government’s indication that the draft Labour Code provided for the adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural workers and dockworkers. The Committee requests the Government to indicate any developments relating to this draft legislation and hopes that this draft will guarantee agricultural workers and dockworkers the rights provided for by the Convention.

The Committee previously asked the Government to send information on the measures taken to adopt the special legislation which, under section 2(2) of Act No. 08/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee once again requests the Government to keep it informed of any developments in this regard.

Finally, the Committee previously asked the Government to keep it informed of any developments with regard to the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.), and to send statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee notes that the comments made by the ITUC show that the situation with regard to collective bargaining is unsatisfactory. It reminds the Government once again that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers’ organisations and workers’ organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements”. The Committee requests the Government to take concrete measures to promote greater use in practice of collective bargaining in the private and public sectors, and to indicate any developments concerning this situation, including the number of new agreements signed and the number of workers covered by such agreements.

The Committee hopes that a detailed report will be provided for examination next year in the context of the regular report examination cycle and that it will contain full information on the points raised as well as on the comments made by the ITUC.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reply to the comments submitted by the International Trade Union Confederation (ITUC) which refer to the issues examined by the Committee.

The Committee recalls that for several years it has been referring to the following matters.

1. Articles 4 and 6 of the Convention. The Committee previously noted the Government’s indication that it intended to pursue the process of revision of the General Labour Act, Title XI of which contains provisions on collective bargaining, and to take steps to give agricultural workers and dockworkers the rights envisaged in the Convention. The Committee notes that according to the ITUC’s comments, there are only bilateral negotiations between employers and workers, and the Tripartite National Council for National Consultation has not managed to negotiate wages. The Committee notes that the Government only states that collective bargaining is regulated by Chapter XI of Act No. 2/86 and makes no reference to the process of revision of the General Labour Act, in particular the provisions of Title XI on collective bargaining, nor to steps taken to give agricultural workers and dockworkers the rights envisaged in the Convention. In these circumstances, the Committee expresses its concern about the situation and once again asks the Government to provide information in this regard.

2. The Committee notes that the Government has not provided any information on measures taken to secure the adoption of the special legislation which, under section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining for public servants who are not engaged in the administration of the State. Consequently, the Committee once again asks the Government to provide information in this respect.

3. Finally, the Committee previously requested the Government to keep it informed of any developments with regard to the promotion of collective bargaining in the public and private sectors (training and information activities, seminars with the social partners, etc.) and to send statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee notes the Government’s indication that there are two collective agreements for the banking and telecommunications sectors, and agreements concluded between the Government and the National Union of Workers of Guinea (UNTG). The Committee considers the number of collective agreements in force to be very low. The Committee reminds the Government that Article 4 of the Convention provides that “measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements”. The Committee asks the Government to take specific steps to promote the greater utilization in practice of collective bargaining in the private and public sectors and to keep it informed of any developments in this respect, the number of new agreements concluded and the number of workers covered by such agreements.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) as well as the reply thereto recently submitted by the Governments, which the Committee will examine in its next session.

The Committee also asks the Government, in the context of the regular reporting cycle, to send for examination at the Committee’s next session, to be held in November-December 2007, its comments on all the issues of law and practice concerning the Convention raised in the Committee’s observation of 2005 (see observation of 2005, 76th Session).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report.

1. Articles 4 and 6 of the Convention. The Committee notes the information supplied by the new Government and the indication that it intends to pursue the process of revision of the General Labour Act, Title VI of which contains provisions on collective bargaining. The Committee requests the Government to keep it informed on this matter. It also notes that the Government is to take steps to give the rights envisaged in the Convention to agricultural workers and dockworkers. The Committee hopes that the Government will take these measures in the near future.

2. In its previous comments, the Committee asked the Government to keep it informed on the special legislation which, under the terms of section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining for public servants who are not engaged in the administration of the State. The Government indicates that several agreements have been signed in the sector and that the special legislation has not as yet been adopted. The Committee requests the Government to inform it of all measures taken to secure the adoption of the special legislation.

3. The Committee noted previously that there were very few collective agreements in the private sector. The Committee notes that, according to the Government, one reason for this is a lack of initiative on the part of workers’ and employers’ organizations.

4. The Committee requests the Government to promote collective bargaining in the public sector and in the private sector (training and information activities, seminars with the social partners, etc.) and to send statistics on the collective agreements concluded (by sector) and the number of workers they cover. The Committee requests the Government to keep it informed of developments with regard to the problems raised.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

1. Article 4 of the Convention. The Committee notes the information provided by the Government on the process of the revision of the General Labour Act, which contains in Title VI provisions respecting collective bargaining. The Government indicates that the coup d’état which occurred in the country in September 2003 and the resulting situation has held up the procedure. The Committee requests the Government to keep it informed in this respect. The Committee also notes that the draft Labour Code provides for the adaptation of the application of its provisions to the specific characteristics of the work performed by agricultural and dock workers. The Committee recalls that the Convention also applies to these workers and requests the Government to take the necessary measures to afford them the rights envisaged by the Convention.

2. The Committee notes that, according to the Government’s report, the collective agreement in the banking sector and the enterprise accord in the telecommunications sector are the only agreements in force in the country. The Committee requests the Government to take measures with a view to promoting collective bargaining and to keep it informed in this respect.

3. Article 6. In its previous comments, the Committee requested the Government to keep it informed with regard to the special legislation which, under the terms of section 2(2) of Act No. 8/41 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee also requested the Government to indicate the collective agreements concluded in this sector under section 43 of the Act on freedom of association. The Government states that the above special legislation has not been adopted yet and that, even though several accords have been signed in the sector, certain have not been complied with due to the situation in the country. The Committee requests the Government to inform it of all the measures taken with a view to the adoption of the special legislation.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

1. Article 4. The Committee notes the information supplied by the Government on developments regarding the Bill to revise the General Labour Act, Title 6 of which contains provisions on collective bargaining, and on the imminent adoption of the Bill. The Committee also notes the establishment of a Permanent Council for Social Dialogue. The Committee asks the Government to keep it informed on these matters.

2. The Committee notes the collective agreement in the banking sector and the enterprise agreement in the telecommunication sector sent by the Government. It asks the Government to indicate whether these are the only agreements in force and, if not, to provide information in its next report on the collective agreements in force and their scope.

3. Article 6. The Committee noted previously the Government’s statement that all public servants and officials of the public administration were covered by the Public Administration Personnel Regulations (Decree No. 12 A/94). Section 65 of the above Decree provides that public servants may join trade union associations in accordance with the conditions prescribed by law. The Government also indicated that, under the same provision and section 43 of the Freedom of Association Act (establishing that the Act applies in the absence of special legislation on freedom of association in central, regional or local public administration and public service institutions), public servants were entitled to bargain collectively since section 16 of the Freedom of Association Act confers this right on them. The Committee again asks the Government to keep it informed of the special provisions which, according to section 2(2) of the Freedom of Association Act are to regulate the right to collective bargaining of public servants not engaged in the administration of the State. The Committee also asks the Government to indicate collective agreements signed in this sector pursuant to section 43 of the Freedom of Association Act.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

1. The Committee notes the information provided by the Government concerning the application of Article 4 of the Convention, and particularly the Bill respecting the promotion of collective bargaining. The Committee requests the Government to keep it informed of the progress made in respect of the above Bill.

2. The Committee once again requests the Government to transmit with its next report the text of any collective agreement in force in the private sector.

3. Article 6. The Committee requests the Government to keep it informed of any specific laws or regulations which recognize or regulate the right of collective bargaining of public servants who are not engaged in the administration of the State, and to send it a copy of any collective agreement in force in this sector.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the report made by the Government.

The Committee observes that in its previous direct request it asked the Government to provide information on the measures adopted to implement Article 4 of the Convention and in particular to send all the texts of the collective agreements concluded. The Committee regrets to observe that the Government has not provided information in this respect and once again asks it to supply the relevant details in its next report.

Furthermore, as regards the public servants excluded from the scope of the General Labour Law (section 1, paragraph 3), the Committee requested the Government to take measures to ensure that public servants who do not exercise authority in the name of the State, in particular teachers, have the right to bargain collectively. The Committee notes that the Government states that all employees and officials of the administration are covered by section 65 of the Statute on Public Administration Staff (Decree No. 12-A/94) which provides that public servants may be members of a trade union association and participate in strikes declared in accordance with the law. Similarly, the Government indicates that under the provision referred to and section 43 of the Freedom of Association Act (which provides that until such time as a special law is published, freedom of association for workers in public, central, regional and local administrations, and public service institutes, shall be governed by this law), the right to bargain collectively is guaranteed for public services, since section 16 of the Freedom of Association Act acknowledges that they have such a right.

In this respect, the Committee requests the Government to inform it of any possible specific regulation of the right to bargain collectively for employees not engaged in the administration of the State.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not 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 direct request, which read as follows:

Article 4 of the Convention

1. In its previous direct request, the Committee noted with interest Chapter XI of the General Labour Law, concerning collective bargaining, in particular section 175 under which the competent authority (SEPCE) shall appoint representatives to assist in the process of collective bargaining while respecting the independence of the parties concerned.

The Committee none the less notes that no agreement has yet been concluded and that, according to the Government, this is due to the fact that the draft legislation on employers' associations and economic agents has not yet been adopted.

The Committee stresses that it is important for workers that their conditions of employment be negotiated collectively and that, under Article 4 of the Convention, the Government must take the necessary measures to promote the development of machinery for voluntary negotiation of collective agreements. It requests the Government to continue to supply information on the effect given in law to Article 4 and, in particular, to provide the text of any collective agreements that are adopted.

2. In its previous direct request, the Committee noted that public servants were excluded from the General Labour Law (GLL) and requested information on the measures taken to extend the application of the Convention to public servants not engaged in the administration of the State.

The Committee notes the statement made by the Government in its report, to the effect that the committee responsible for revising the conditions of employment of public servants, by virtue of a decision of 17 February 1983 issued by the Office of the Prime Minister, submitted a Bill which should be adopted by the National Assembly in the near future.

The Committee requests the Government to specify the categories of public servants covered by the above Bill and to indicate the measures taken to grant public servants who are excluded from the GLL but who are not engaged in the administration of the State, in particular teachers, the right to negotiate collectively their employment conditions. It also requests the Government to supply the new text of the law on freedom of association of employees in the public service whose existence was brought to the Committee's attention by the information available in the ILO.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report and recalls that in its previous comments it had asked the Government to supply information on the following matters:

Article 4 of the Convention. 1. The Committee had asked the Government to continue to supply information on the effect given to Article 4 and, in particular, to provide the text of any collective agreements that were adopted. On that matter, the Committee regrets that the Government has not supplied any information and requests it once again to supply the texts of any collective agreements which have been concluded.

2. In its previous observation, the Committee had asked the Government to specify the categories of public servants covered by the Bill which was to be adopted by the National Assembly in the near future and to indicate the measures proposed to ensure that public servants excluded from the General Labour Law who were not engaged in the administration of the State, in particular teachers, had the right to negotiate collectively. The Committee had also asked the Government to inform it about the details of the special Act which regulates the exercise of freedom of association of employees in the public service of which the ILO knew the existence but not the terms.

In this matter, the Committee notes the Government's information that the special Act which regulates exercise of freedom of association in the public service has not yet been published. None the less, Decree No. 12-A/94 of 28 February 1994 has been issued which approves the new Status of Public Administration Staff, applicable to central and local administration officials and employees and workers in public institutions.

The Committee also regrets that the Government has not informed it whether the status of the staff in question specifically recognizes that public officials excluded from the General Labour Law who are not engaged in the administration of the State, in particular teachers, have the right to bargain collectively.

The Committee recalls that whereas Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories of workers should enjoy the guarantees of the Convention and, consequently, be able to negotiate collectively their conditions of employment (see 1944 General Survey on freedom of association and collective bargaining, paragraph 262).

The Committee requests the Government once again to take the necessary measures to recognize that public servants excluded from the General Labour Law who are not engaged in the administration of the State, in particular teachers, have the right to bargain collectively and to send it any legislation adopted on this subject.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not 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 direct request, which read as follows:

Article 4 of the Convention

1. In its previous direct request, the Committee noted with interest Chapter XI of the General Labour Law, concerning collective bargaining, in particular section 175 under which the competent authority (SEPCE) shall appoint representatives to assist in the process of collective bargaining while respecting the independence of the parties concerned.

The Committee nonetheless notes that no agreement has yet been concluded and that, according to the Government, this is due to the fact that the draft legislation on employers' associations and economic agents has not yet been adopted.

The Committee stresses that it is important for workers that their conditions of employment be negotiated collectively and that, under Article 4 of the Convention, the Government must take the necessary measures to promote the development of machinery for voluntary negotiation of collective agreements. It requests the Government to continue to supply information on the effect given in law to Article 4 and, in particular, to provide the text of any collective agreements that are adopted.

2. In its previous direct request, the Committee noted that public servants were excluded from the General Labour Law (LGT) and requested information on the measures taken to extend the application of the Convention to public servants not engaged in the administration of the State.

The Committee notes the statement made by the Government in its report, to the effect that the committee responsible for revising the conditions of employment of public servants, by virtue of a decision of 17 February 1983 issued by the Office of the Prime Minister, submitted a Bill which should be adopted by the National Assembly in the near future.

The Committee requests the Government to specify the categories of public servants covered by the above Bill and to indicate the measures taken to grant public servants who are excluded from the LGT but who are not engaged in the administration of the State, in particular teachers, the right to negotiate collectively their employment conditions. It also requests the Government to supply the new text of the law on freedom of association of employees in the public service whose existence was brought to the Committee's attention by the information available in the ILO.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information supplied by the Government in its report. It asks, however, the Government to supply full particulars on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention

1. In its previous direct request, the Committee noted with interest Chapter XI of the General Labour Law, concerning collective bargaining, in particular section 175 under which the competent authority (SEPCE) shall appoint representatives to assist in the process of collective bargaining while respecting the independence of the parties concerned.

The Committee nonetheless notes that no agreement has yet been concluded and that, according to the Government, this is due to the fact that the draft legislation on employers' associations and economic agents has not yet been adopted.

The Committee stresses that it is important for workers that their conditions of employment be negotiated collectively and that, under Article 4 of the Convention, the Government must take the necessary measures to promote the development of machinery for voluntary negotiation of collective agreements. It requests the Government to continue to supply information on the effect given in law to Article 4 and, in particular, to provide the text of any collective agreements that are adopted.

2. In its previous direct request, the Committee noted that public servants were excluded from the General Labour Law (LGT) and requested information on the measures taken to extend the application of the Convention to public servants not engaged in the administration of the State.

The Committee notes the statement made by the Government in its report, to the effect that the committee responsible for revising the conditions of employment of public servants, by virtue of a decision of 17 February 1983 issued by the Office of the Prime Minister, submitted a Bill which should be adopted by the National Assembly in the near future.

The Committee requests the Government to specify the categories of public servants covered by the above Bill and to indicate the measures taken to grant public servants who are excluded from the LGT but who are not engaged in the administration of the State, in particular teachers, the right to negotiate collectively their employment conditions. It also requests the Government to supply the new text of the law on freedom of association of employees in the public service whose existence was brought to the Committee's attention by the information available in the ILO.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information communicated by the Government according to which Act No. 8/91 on freedom of association and Act No. 10/91 on civil requisition have entered into force.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not 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 following points:

Article 4 of the Convention

1. In its previous direct request, the Committee noted with interest Chapter XI of the General Labour Law, concerning collective bargaining, in particular section 175 under which the competent authority (SEPCE) shall appoint representatives to assist in the process of collective bargaining while respecting the independence of the parties concerned.

The Committee nonetheless notes that no agreement has yet been concluded and that, according to the Government, this is due to the fact that the draft legislation on employers' associations and economic agents has not yet been adopted.

The Committee stresses that it is important for workers that their conditions of employment be negotiated collectively and that, under Article 4 of the Convention, the Government must take the necessary measures to promote the development of machinery for voluntary negotiation of collective agreements. It requests the Government to continue to supply information on the effect given in law to Article 4 and, in particular, to provide the text of any collective agreements that are adopted.

2. In its previous direct request, the Committee noted that public servants were excluded from the General Labour Law (LGT) and requested information on the measures taken to extend the application of the Convention to public servants not engaged in the administration of the State.

The Committee notes the statement made by the Government in its report, to the effect that the committee responsible for revising the conditions of employment of public servants, by virtue of a decision of 17 February 1983 issued by the Office of the Prime Minister, submitted a Bill which should be adopted by the National Assembly in the near future.

The Committee requests the Government to specify the categories of public servants covered by the above Bill and to indicate the measures taken to grant public servants who are excluded from the LGT but who are not engaged in the administration of the State, in particular teachers, the right to negotiate collectively their employment conditions. It also requests the Government to supply the new text of the law on freedom of association of workers in the public service whose existence was brought to the Committee's attention by the information available in the ILO.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest from available ILO records the adoption by the Parliamentary Assembly of laws respecting freedom of association and the right to strike.

Article 1 of the Convention. The Committee takes due note of the fact that the new Act respecting the right to freedom of association provides in section 10 and section 48(3) for the protection of freedom of association in employment, forbidding discrimination against workers, including at the time of recruitment, on the grounds of their membership or non-membership of a workers' organisation and prohibiting them from being obliged to leave such an organisation under the penalty of a fine.

Article 2. The Committee also notes with interest that the new text provides in section 5, subsection 1 and 2, and section 48, subsection 3: for protection of trade unions against any act of interference in respect of their establishment, functioning, administration or activities; and prohibits employers or employers' associations from favouring workers' organisations by granting economic or financial advantages with the object of interfering in their functioning or subordinating them to objectives which are different from their own aims, again under the penalty of a fine.

The Committee requests the Government to inform it when the above Acts are published in the Official Bulletin and to state the date of their coming into force.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not 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 direct request:

Article 1 of the Convention

1. With reference to its previous comments, the Committee takes note of the information provided by the Government, to the effect that employers are liable to penal sanctions for any act of anti-union discrimination against a worker.

However, the Committee considers that protection against acts of anti-union discrimination appears to apply only in the course of the workers' employment.

The Committee recalls that such protection must also be ensured at the recruitment stage, and requests the Government to indicate under which provision protection is applied and, in the absence of such a provision, to take dissuasive steps to extend protection against acts of anti-union discrimination, to the recruitment stage.

Article 2 of the Convention

2. The Committee takes note of the information provided by the Government, to the effect that the provisions relating to the rights, duties and guarantees of employers and workers contained in the LGT (sections 19, 20, 23, 24 and 25) guarantee the application of Article 2 of the Convention.

The Committee wishes to point out that the purpose of the principle of non-interference laid down in Article 2 of the Convention is to prevent the establishment of workers' organisations under the domination or control of an employer, by financial or other means.

The Committee considers that the provisions referred to by the Government do not ensure such protection. The Committee therefore hopes that a specific provision ensuring that trade unions enjoy protection against acts of interference by employers and employers' organisations, will be adopted in the near future.

Article 4 of the Convention

3. In its previous direct request, the Committee noted with interest Chapter XI of the LGT, concerning collective bargaining, in particular section 175 under which the competent authority (SEPCE) shall appoint representatives to assist in the process of collective bargaining while respecting the independence of the parties concerned.

The Committee none the less notes that no agreement has yet been concluded and that, according to the Government, this is due to the fact that the draft legislation on employers' associations and economic agents has not yet been adopted.

The Committee stresses that it is important for workers that their conditions of employment be negotiated collectively and that, under Article 4 of the Convention, the Government must take the necessary measures to promote the development of machinery for voluntary negotiation of collective agreements. It requests the Government to continue to supply information on the effect given in law to Article 4 and, in particular, to provide the text of any collective agreements adopted, as well as the draft statute of trade union organisations and the text concerning trade union organisations referred to by the Government in its report.

4. In its previous direct request, the Committee noted that public servants were excluded from the General Labour Law (LGT) and requested information on the measures taken to extend the application of the Convention to public servants not engaged in the administration of the State.

The Committee notes the statement made by the Government in its report, to the effect that the committee responsible for revising the conditions of employment of public servants, by virtue of a decision of 17 February 1983 issued by the Office of the Prime Minister, submitted a Bill which should be adopted by the National Assembly in the near future.

The Committee requests the Government to specify the categories of public servants covered by the above Bill and to indicate the measures taken to grant public servants who are excluded from the LGT but who are not engaged in the administration of the State, in particular teachers, the right to negotiate collectively their employment conditions. It also requests the Government to supply the new text of the conditions of employment of the public service as soon as it is adopted.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information supplied by the Government in its report.

1. In its previous direct request, the Committee noted that public servants were excluded from the General Labour Law (LGT) and requested information on the measures taken to extend the application of the Convention to public servants not engaged in the administration of the State.

The Committee notes the statement made by the Government in its report, to the effect that the committee responsible for revising the conditions of employment of public servants, by virtue of a decision of 17 February 1983 issued by the Office of the Prime Minister, submitted a Bill which should be adopted by the National Assembly in the near future.

The Committee requests the Government to specify the categories of public servants covered by the above Bill and to indicate the measures taken to grant public servants who are excluded from the LGT but who are not engaged in the administration of the State, in particular teachers, the right to negotiate collectively their employment conditions. It also requests the Government to supply the new text of the conditions of employment of the public service as soon as it is adopted.

Article 1 of the Convention

2. With reference to its previous comments, the Committee takes note of the information provided by the Government, to the effect that employers are liable to penal sanctions for any act of anti-union discrimination against a worker.

However, the Committee considers that protection against acts of anti-union discrimination appears to apply only in the course of the workers' employment.

The Committee recalls that such protection must also be ensured at the recruitment stage, and requests the Government to indicate under which provision protection is applied and, in the absence of such a provision, to take steps to extend protection against acts of anti-union discrimination, accompanied by penal sanctions, to the recruitment stage.

Article 2 of the Convention

3. The Committee takes note of the information provided by the Government, to the effect that the provisions relating to the rights, duties and guarantees of employers and workers contained in the LGT (sections 19, 20, 23, 24 and 25) guarantee the application of Article 2 of the Convention.

The Committee wishes to point out that the purpose of the principle of non-interference laid down in Article 2 of the Convention is to prevent the establishment of workers' organisations under the domination or control of an employer, by financial or other means.

The Committee considers that the provisions referred to by the Government do not ensure such protection. The Committee therefore hopes that a specific provision ensuring that trade unions enjoy protection against acts of interference by employers and employers' organisations, accompanied by civil remedies and penal sanctions, will be adopted in the near future.

Article 4 of the Convention

4. In its previous direct request, the Committee noted with interest Chapter XI of the LGT, concerning collective bargaining, in particular section 175 under which the competent authority (SEPCE) shall appoint representatives to assist in the process of collective bargaining while respecting the independence of the parties concerned.

The Committee none the less notes that no agreement has yet been concluded and that, according to the Government, this is due to the fact that the draft legislation on employers' associations and economic agents has not yet been adopted.

The Committee stresses that it is important for workers that their conditions of employment be negotiated collectively and that, under Article 4 of the Convention, the Government must take the necessary measures to promote the development of machinery for voluntary negotiation of collective agreements. It requests the Government to continue to supply information on the effect given in law to Article 4 and, in particular, to provide the text of any collective agreements adopted, as well as the draft statute of trade union organisations and the text concerning trade union organisations referred to by the Government in its report.