Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sao Tome and Principe (Ratification: 1992)

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

Previous comment

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that its legislation imposes sufficiently effective and dissuasive sanctions against anti-union discrimination aimed at all the workers covered by the Convention. It notes that the Government: (i) indicates that the revised Labour Code, promulgated in 2019, does not introduce any changes in this respect, but retains a number of specific provisions that give effect to Articles 1 and 2 of the Convention; and (ii) recognizes at the same time that it is necessary to legislate against acts of anti-union discrimination and interference in order to promote collective bargaining processes in the country. Noting that the sections of the Labour Code mentioned by the Government were referenced in its previous observation, the Committee emphasizes once again that the Labour Code does not provide specific sanctions for acts of anti-union discrimination affecting workers who are not trade union representatives or candidates for the post of representative. The Committee therefore requests the Government once again to take appropriate steps to include sanctions in the legislation that are both effective and dissuasive against such acts of discrimination, applicable to all workers covered by the Convention. It requests the Government to provide information on any progress made in this regard in its next report.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. In its previous comment, the Committee expressed concern at the lack of collective agreements in the country, highlighting that the absence of a legal framework could hamper the exercise of the right to collective bargaining. The Committee notes that the Government recognizes that: (i) under the First Republic, collective bargaining in the agricultural sector took place in public entities; (ii) the country is still not equipped with a legal framework for collective bargaining and there is currently no collective agreement in the country; and (iii) the Government will shortly be advancing initiatives in this area and will request ILO technical assistance accordingly. While taking due note of the Government’s expressed intention to request ILO technical assistance, the Committee requests the Government once again, as a matter of urgency, to take all necessary measures, in law and in practice, to encourage the development and use of collective bargaining, and to provide information on progress in this regard.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take the necessary measures so as to ensure that its legislation imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and interference. The Committee notes the Government’s indication that the new Labour Code adopted in 2019 has not introduced any changes in this respect but that it continues to contain a number of specific provisions that give application to Articles 1 and 2 of the Convention. The Committee notes in this respect that the legislation in force: (i) comprehensively prohibits acts of anti-union discrimination and interference; (ii) contains rules for adjusting the burden of proof to facilitate the determination of the existence of anti-union discrimination; (iii) establishes enhanced protection for trade union representatives and candidates for the post of representatives against acts of anti-union discrimination; (iv) provides for the reinstatement of workers in the event of unlawful dismissal; and (v) establishes fines and a sanction of imprisonment in the event of acts of anti-union interference. The Committee takes due note of these elements. It continues however to observe that the provisions of the Labour Code do not provide for specific sanctions for acts of anti-union discrimination affecting workers who are not trade union representatives or candidates for the post of representatives.The Committee therefore requests the Government to take the necessary measures to ensure that the legislation provides for effective and dissuasive sanctions against acts of anti-union discrimination that apply to all workers covered by the Convention. The Committee requests the Government to provide information on any progress made in this regard in its next report.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. The Committee previously expressed concern at the absence of collective agreements in the country, highlighting that the absence of a legal framework could hamper the exercise of the right to collective bargaining. The Committee notes that while the Government states that its legislation still does not provide a legal framework for collective bargaining, it acknowledges the need to facilitate the collective bargaining process in the country in order to reverse the current situation and indicates that meetings of the National Council of Social Concertation have taken place.The Committee once again requests the Government to take all the necessary measures, both in law and practice, to encourage and promote the development and utilization of collective bargaining, and requests it to provide information on the concrete steps taken in this regard.

The Committee reiterates that the technical assistance of the Office is available to the Government in relation to the various matters raised in this observation.

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

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

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take the necessary measures so as to ensure that its legislation imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and interference. The Committee notes the Government’s indication that the new Labour Code adopted in 2019 has not introduced any changes in this respect but that it continues to contain a number of specific provisions that give application to Articles 1 and 2 of the Convention. The Committee notes in this respect that the legislation in force: (i) comprehensively prohibits acts of anti-union discrimination and interference; (ii) contains rules for adjusting the burden of proof to facilitate the determination of the existence of anti-union discrimination; (iii) establishes enhanced protection for trade union representatives and candidates for the post of representatives against acts of anti-union discrimination; (iv) provides for the reinstatement of workers in the event of unlawful dismissal; and (v) establishes fines and a sanction of imprisonment in the event of acts of anti-union interference.

The Committee takes due note of these elements. It continues however to observe that the provisions of the Labour Code do not provide for specific sanctions for acts of anti-union discrimination affecting workers who are not trade union representatives or candidates for the post of representatives. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation provides for effective and dissuasive sanctions against acts of anti-union discrimination that apply to all workers covered by the Convention. The Committee requests the Government to provide information on any progress made in this regard in its next report.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. The Committee previously expressed concern at the absence of collective agreements in the country, highlighting that the absence of a legal framework could hamper the exercise of the right to collective bargaining. The Committee notes that while the Government states that its legislation still does not provide a legal framework for collective bargaining, it acknowledges the need to facilitate the collective bargaining process in the country in order to reverse the current situation and indicates that meetings of the National Council of Social Concertation have taken place. The Committee once again requests the Government to take all the necessary measures, both in law and practice, to encourage and promote the development and utilization of collective bargaining, and requests it to provide information on the concrete steps taken in this regard.

The Committee reiterates that the technical assistance of the Office is available to the Government in relation to the various matters raised in this observation.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Repetition

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. The Committee recalls that for a number of years it has been requesting the Government to take the necessary measures for the adoption of appropriate legislation which imposes sufficiently effective and dissuasive sanction against acts of anti-union discrimination and acts of interference against trade union organizations, in accordance with the provisions of the Convention. Noting with regret that the Government limits itself to mention that, in practice, other laws are resorted to in order to compensate the mentioned legislative lacuna, the Committee requests once again the Government to take the necessary measure so as to ensure that the legislation contains specific and effective provisions concerning anti-union discrimination and interference. The Committee asks the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. In its previous comments, the Committee had noted that the right to collective bargaining is recognized in Act No. 5/92, but is not the subject of legal regulation, and that the adoption of a bill on the legal framework for collective bargaining has been pending for several years.

The Committee notes with regret that, in contrast with its previous reports, the Government affirms that there is no bill being elaborated in this respect. Recalling that, in its previous observation, the Committee has also expressed concern at the absence of collective agreements in the country, the Committee highlights that the absence of a legal framework can hamper the exercise of the right to collective bargaining. The Committee therefore requests the Government to take all the necessary measures, both in law and practice, to encourage and promote the development and utilization of collective bargaining. The Committee reminds the Government that it can avail itself of technical assistance from the Office in relation to the various matters raised and trusts that it will be able to note the progress in the near future.

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

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

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

Repetition

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. The Committee recalls that for a number of years it has been requesting the Government to take the necessary measures for the adoption of appropriate legislation which imposes sufficiently effective and dissuasive sanction against acts of anti-union discrimination and acts of interference against trade union organizations, in accordance with the provisions of the Convention. Noting with regret that the Government limits itself to mention that, in practice, other laws are resorted to in order to compensate the mentioned legislative lacuna, the Committee requests once again the Government to take the necessary measure so as to ensure that the legislation contains specific and effective provisions concerning anti-union discrimination and interference. The Committee asks the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. In its previous comments, the Committee had noted that the right to collective bargaining is recognized in Act No. 5/92, but is not the subject of legal regulation, and that the adoption of a bill on the legal framework for collective bargaining has been pending for several years.

The Committee notes with regret that, in contrast with its previous reports, the Government affirms that there is no bill being elaborated in this respect. Recalling that, in its previous observation, the Committee has also expressed concern at the absence of collective agreements in the country, the Committee highlights that the absence of a legal framework can hamper the exercise of the right to collective bargaining. The Committee therefore requests the Government to take all the necessary measures, both in law and practice, to encourage and promote the development and utilization of collective bargaining. The Committee reminds the Government that it can avail itself of technical assistance from the Office in relation to the various matters raised and trusts that it will be able to note the progress in the near future.

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

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

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. The Committee recalls that for a number of years it has been requesting the Government to take the necessary measures for the adoption of appropriate legislation which imposes sufficiently effective and dissuasive sanction against acts of anti-union discrimination and acts of interference against trade union organizations, in accordance with the provisions of the Convention. Noting with regret that the Government limits itself to mention that, in practice, other laws are resorted to in order to compensate the mentioned legislative lacuna, the Committee requests once again the Government to take the necessary measure so as to ensure that the legislation contains specific and effective provisions concerning anti-union discrimination and interference. The Committee asks the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. In its previous comments, the Committee had noted that the right to collective bargaining is recognized in Act No. 5/92, but is not the subject of legal regulation, and that the adoption of a bill on the legal framework for collective bargaining has been pending for several years.

The Committee notes with regret that, in contrast with its previous reports, the Government affirms that there is no bill being elaborated in this respect. Recalling that, in its previous observation, the Committee has also expressed concern at the absence of collective agreements in the country, the Committee highlights that the absence of a legal framework can hamper the exercise of the right to collective bargaining. The Committee therefore requests the Government to take all the necessary measures, both in law and practice, to encourage and promote the development and utilization of collective bargaining. The Committee reminds the Government that it can avail itself of technical assistance from the Office in relation to the various matters raised and trusts that it will be able to note the progress in the near future.

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

Articles 1 and 2 of the Convention. Interference and anti-union discrimination. The Committee recalls that for several years it has been requesting the Government to take the necessary measures for the adoption of appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference against trade union organizations, in accordance with the provisions of the Convention. The Committee notes the Government’s indication in its report that it has taken due note of the Committee’s comments and is engaged in dialogue with the representative trade union organizations of the country with a view to the amendment of the Trade Union Act No. 5/92 in response to the issues emphasized by the Committee.

Article 4. Absence of a legal framework for the exercise of the right to collective bargaining. The Committee once again notes that the right to collective bargaining is recognized in Act No. 5/92, of 28 May 1992, but is not the subject of legal regulation, and that the adoption of a Bill on the legal framework for collective bargaining has been pending for several years. The Committee notes the Government’s indication that, due to successive changes in the governing and legislative authorities of the country, it has not been possible to adopt draft legislation to make this amendment to Act No. 5/92.

The Committee requests the Government to provide information on any developments in the legislative processes referred to in relation to Articles 1, 2 and 4 of the Convention and, in the hope that they are completed as soon as possible, to send a copy of the legislation that is adopted.

Application in practice. In its previous observation, the Committee noted that, according to the Government: (i) there are no collective agreements in the country owing to its geographical size; and (ii) the Labour Directorate might act as an intermediary between the parties to collective bargaining, including to ensure the enforcement of the agreement. The Committee expresses concern at the absence of collective agreements and once again requests the Government to take the necessary measures to encourage and promote the development and utilization of collective bargaining. The Committee once again requests the Government to provide further details on the role played by the Labour Directorate in the process of collective bargaining.

The Committee reminds the Government that it can avail itself of technical assistance from the Office in relation to the various matters raised and trusts that it will be able to note progress in the near future.

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

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

Repetition

Articles 1 and 2 of the Convention. In its previous comment the Committee asked the Government to indicate what sanctions may be imposed against acts of discrimination that undermine freedom of association and acts of interference by employers and their organizations in workers’ organizations and vice versa. The Committee noted the Government’s indication that there is no legislation that lays down penalties for acts of anti-union discrimination. The Committee therefore requests the Government once again to take the necessary steps to adopt appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference committed by employers against trade union organizations, in conformity with the provisions of the Convention. The Committee requests the Government to indicate whether specific legal protection exists for trade union members should they be subjected to acts of anti-union discrimination on the basis of their participation in legitimate trade union activities.

Article 4. The Committee observes that the right to collective bargaining is recognized in Act No. 5/92 of 28 May 1992 concerning trade unions but is not itself governed by legislation. The Committee also notes the Government’s statement that collective bargaining does not apply to the public service. The Committee notes the Government’s indication in various reports on the bill concerning the legal framework of collective bargaining that this bill has still not been adopted. In these circumstances, the Committee reiterates the importance of the bill being adopted as soon as possible and of the right to collective negotiation of their conditions of work and employment being secured to all workers in the public and private sectors, including public servants. The Committee requests the Government to indicate the progress of the legislative procedures relating to the adoption of the bill and to take all possible steps to ensure its adoption in the very near future, in consultation with the most representative organizations of employers and workers.

Application in practice. Finally, the Committee notes the Government’s statement that no collective agreements currently exist in the country owing to geographical factors. The Committee requests the Government to avail itself of technical assistance from the ILO to resolve this major issue.

The Committee notes the Government’s statement that the Labour Directorate of the Ministry of Labour might act as an intermediary between the parties to collective bargaining, including in order to ensure the effectiveness of the agreement. The Committee requests the Government to provide further information on the role of the Labour Directorate in the collective bargaining process.

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Articles 1 and 2 of the Convention. In its previous comment the Committee asked the Government to indicate what sanctions may be imposed against acts of discrimination that undermine freedom of association and acts of interference by employers and their organizations in workers’ organizations and vice versa. The Committee noted the Government’s indication that there is no legislation that lays down penalties for acts of anti-union discrimination. The Committee therefore requests the Government once again to take the necessary steps to adopt appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference committed by employers against trade union organizations, in conformity with the provisions of the Convention. The Committee requests the Government to indicate whether specific legal protection exists for trade union members should they be subjected to acts of anti-union discrimination on the basis of their participation in legitimate trade union activities.

Article 4. The Committee notes the Government’s statement concerning the adoption of a new Constitution, a copy of which will be sent to the Office. The Committee observes that the right to collective bargaining is recognized in Act No. 5/92 of 28 May 1992 concerning trade unions but is not itself governed by legislation. The Committee also noted the Government’s statement that collective bargaining does not apply to the public service. The Committee noted the Government’s indication in various reports on the bill concerning the legal framework of collective bargaining that this bill has still not been adopted. In these circumstances, the Committee reiterates the importance of the bill being adopted as soon as possible and of the right to collective negotiation of their conditions of work and employment being secured to all workers in the public and private sectors, including public servants. The Committee requests the Government to indicate the progress of the legislative procedures relating to the adoption of the bill and to take all possible steps to ensure its adoption in the very near future, in consultation with the most representative organizations of employers and workers.

Application in practice. Finally, the Committee noted the Government’s statement that no collective agreements currently exist in the country owing to geographical factors. The Committee requests the Government to avail itself of technical assistance from the ILO to resolve this major issue.

The Committee noted that, according to the Government, the Labour Directorate of the Ministry of Labour might act as an intermediary between the parties to collective bargaining, including in order to ensure the effectiveness of the agreement. The Committee requests the Government to provide further information on the role of the Labour Directorate in the collective bargaining process.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Articles 1 and 2 of the Convention. In its previous comment the Committee asked the Government to indicate what sanctions may be imposed against acts of discrimination that undermine freedom of association and acts of interference by employers and their organizations in workers’ organizations and vice versa. The Committee noted the Government’s indication that there is no legislation that lays down penalties for acts of anti-union discrimination. The Committee therefore requests the Government once again to take the necessary steps to adopt appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference committed by employers against trade union organizations, in conformity with the provisions of the Convention. The Committee requests the Government to indicate whether specific legal protection exists for trade union members should they be subjected to acts of anti-union discrimination on the basis of their participation in legitimate trade union activities.

Article 4. The Committee notes the Government’s statement concerning the adoption of a new Constitution, a copy of which will be sent to the Office. The Committee observes that the right to collective bargaining is recognized in Act No. 5/92 of 28 May 1992 concerning trade unions but is not itself governed by legislation. The Committee also notes the Government’s statement that collective bargaining does not apply to the public service. The Committee notes the Government’s indication in various reports on the bill concerning the legal framework of collective bargaining that this bill has still not been adopted. In these circumstances, the Committee reiterates the importance of the bill being adopted as soon as possible and of the right to collective negotiation of their conditions of work and employment being secured to all workers in the public and private sectors, including public servants. The Committee requests the Government to indicate the progress of the legislative procedures relating to the adoption of the bill and to take all possible steps to ensure its adoption in the very near future, in consultation with the most representative organizations of employers and workers.

Application in practice. Finally, the Committee notes the Government’s statement that no collective agreements currently exist in the country owing to geographical factors. The Committee requests the Government to avail itself of technical assistance from the ILO to resolve this major issue.

The Committee notes the Government’s statement that the Labour Directorate of the Ministry of Labour might act as an intermediary between the parties to collective bargaining, including in order to ensure the effectiveness of the agreement. The Committee requests the Government to provide further information on the role of the Labour Directorate in the collective bargaining process.

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

Repetition

Articles 1 and 2 of the Convention. In its previous comment the Committee asked the Government to indicate what sanctions may be imposed against acts of discrimination that undermine freedom of association and acts of interference by employers and their organizations in workers’ organizations and vice versa. The Committee noted the Government’s indication that there is no legislation that lays down penalties for acts of anti-union discrimination. The Committee therefore requests the Government once again to take the necessary steps to adopt appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference committed by employers against trade union organizations, in conformity with the provisions of the Convention. The Committee requests the Government to indicate whether specific legal protection exists for trade union members should they be subjected to acts of anti-union discrimination on the basis of their participation in legitimate trade union activities.

Article 4. The Committee notes the Government’s statement concerning the adoption of a new Constitution, a copy of which will be sent to the Office. The Committee observes that the right to collective bargaining is recognized in Act No. 5/92 of 28 May 1992 concerning trade unions but is not itself governed by legislation. The Committee also notes the Government’s statement that collective bargaining does not apply to the public service. The Committee notes the Government’s indication in various reports on the bill concerning the legal framework of collective bargaining that this bill has still not been adopted. In these circumstances, the Committee reiterates the importance of the bill being adopted as soon as possible and of the right to collective negotiation of their conditions of work and employment being secured to all workers in the public and private sectors, including public servants. The Committee requests the Government to indicate the progress of the legislative procedures relating to the adoption of the bill and to take all possible steps to ensure its adoption in the very near future, in consultation with the most representative organizations of employers and workers.

Application in practice. Finally, the Committee notes the Government’s statement that no collective agreements currently exist in the country owing to geographical factors. The Committee requests the Government to avail itself of technical assistance from the ILO to resolve this major issue.

The Committee notes the Government’s statement that the Labour Directorate of the Ministry of Labour might act as an intermediary between the parties to collective bargaining, including in order to ensure the effectiveness of the agreement. The Committee requests the Government to provide further information on the role of the Labour Directorate in the collective bargaining process.

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

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

The Committee notes with regret that the Government’s report has not been received. Nevertheless, it notes the information supplied in connection with the application of the Collective Bargaining Convention, 1981 (No. 154).

Articles 1 and 2 of the Convention. In its previous comment the Committee asked the Government to indicate what sanctions may be imposed against acts of discrimination that undermine freedom of association and acts of interference by employers and their organizations in workers’ organizations and vice versa. The Committee noted the Government’s indication that there is no legislation that lays down penalties for acts of anti-union discrimination. The Committee therefore requests the Government once again to take the necessary steps to adopt appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference committed by employers against trade union organizations, in conformity with the provisions of the Convention. The Committee requests the Government to indicate whether specific legal protection exists for trade union members should they be subjected to acts of anti-union discrimination on the basis of their participation in legitimate trade union activities.

Article 4. The Committee notes the Government’s statement concerning the adoption of a new Constitution, a copy of which will be sent to the Office. The Committee observes that the right to collective bargaining is recognized in Act No. 5/92 of 28 May 1992 concerning trade unions but is not itself governed by legislation. The Committee also notes the Government’s statement that collective bargaining does not apply to the public service. The Committee notes the Government’s indication in various reports on the bill concerning the legal framework of collective bargaining that this bill has still not been adopted. In these circumstances, the Committee reiterates the importance of the bill being adopted as soon as possible and of the right to collective negotiation of their conditions of work and employment being secured to all workers in the public and private sectors, including public servants. The Committee requests the Government to indicate the progress of the legislative procedures relating to the adoption of the bill and to take all possible steps to ensure its adoption in the very near future, in consultation with the most representative organizations of employers and workers.

Application in practice. Finally, the Committee notes the Government’s statement that no collective agreements currently exist in the country owing to geographical factors. The Committee requests the Government to avail itself of technical assistance from the ILO to resolve this major issue.

The Committee notes the Government’s statement that the Labour Directorate of the Ministry of Labour might act as an intermediary between the parties to collective bargaining, including in order to ensure the effectiveness of the agreement. The Committee requests the Government to provide further information on the role of the Labour Directorate in the collective bargaining process.

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

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 matters raised in its previous direct request, which read as follows:

Article 4 of the Convention. The Committee had noted that a draft law on the rules governing collective bargaining, the provisions of which, in general terms, were consistent with the Convention, was before the Assembly of the Republic. The Committee notes the Government’s indication that the draft law in question is still before the National Assembly. The Committee asks the Government to inform it of any development in the processing of this draft law and to provide further information on the conciliation procedure mentioned therein, for example, on its duration and the possibility of taking collective action once the procedure has been completed (section 14 of the draft law).

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:

Articles 1 and 2 of the Convention. The Committee had asked the Government to indicate what sanctions may be imposed against acts of discrimination which undermine freedom of association and acts of interference by employers and their organizations in workers’ organizations and vice versa. The Committee noted the Government’s indication that there is no appropriate legislation providing for sanctions against acts of anti-union discrimination. The Committee therefore asks the Government, once again, to take the necessary steps to adopt appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference committed by employers against trade union organizations, in conformity with the provisions of the Convention. The Committee reminds the Government that it may seek technical assistance from the Office in this respect.

The Committee is addressing a request on other points directly to the Government.

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

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

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. The Committee had noted that a draft law on the rules governing collective bargaining, the provisions of which, in general terms, were consistent with the Convention, was before the Assembly of the Republic. The Committee notes the Government’s indication that the draft law in question is still before the National Assembly. The Committee asks the Government to inform it of any development in the processing of this draft law and to provide further information on the conciliation procedure mentioned therein, for example, on its duration and the possibility of taking collective action once the procedure has been completed (section 14 of the draft law).

The Committee had also noted the Government’s indication in a previous report that civil servants are able to bargain collectively with regard to their conditions of work. The Committee notes that Law No. 5/97 (concerning public servants) recognizes the right of public servants to organize and engage in strikes.

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

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

Articles 1 and 2 of the Convention. The Committee had asked the Government to indicate what sanctions may be imposed against acts of discrimination which undermine freedom of association and acts of interference by employers and their organizations in workers’ organizations and vice versa. The Committee notes the Government’s indication that there is no appropriate legislation providing for sanctions against acts of anti-union discrimination. The Committee therefore asks the Government, once again, to take the necessary steps to adopt appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference committed by employers against trade union organizations, in conformity with the provisions of the Convention. The Committee reminds the Government that it may seek technical assistance from the Office in this respect.

The Committee is addressing a request on other points directly to the Government.

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

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

The Committee notes the Government’s report.

Article 4. The Committee had noted that a draft law on the rules governing collective bargaining, the provisions of which, in general terms, were consistent with the Convention, was before the Assembly of the Republic. The Committee notes the Government’s indication that the draft law in question is still before the National Assembly. The Committee asks the Government to inform it of any development in the processing of this draft law and to provide further information on the conciliation procedure mentioned therein, for example, on its duration and the possibility of taking collective action once the procedure has been completed (section 14 of the draft law).

The Committee had also noted the Government’s indication in a previous report that civil servants are able to bargain collectively with regard to their conditions of work. The Committee asks the Government to indicate the applicable legislation and to send a copy of the relevant provisions.

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

The Committee notes the Government’s report.

Articles 1 and 2 of the Convention. The Committee had asked the Government to indicate what sanctions may be imposed against acts of discrimination which undermine freedom of association and acts of interference by employers and their organizations in workers’ organizations and vice versa. The Committee notes the Government’s indication that there is no appropriate legislation providing for sanctions against acts of anti-union discrimination. The Committee therefore asks the Government, once again, to take the necessary steps to adopt appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference committed by employers against trade union organizations, in conformity with the provisions of the Convention. The Committee reminds the Government that it may seek technical assistance from the Office in this respect.

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

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 matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. The Committee had asked the Government to indicate what sanctions may be imposed against acts of anti-union discrimination and interference. The Committee had noted the Government’s indication in a previous report that legislation does not provide for sanctions. The Committee again requests the Government to take the necessary measures in the very near future with a view to adopting appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference by employers in trade union organizations, in conformity with the provisions of the Convention.

Article 4. The Committee noted a draft law on the rules governing collective bargaining and considered that in general terms its provisions comply with the Convention. It noted that the draft law was still before the Assembly of the Republic. In these circumstances, the Committee requests the Government once again to provide clarifications on the conciliation procedure mentioned in the draft law (duration, possibility of collective action once the conciliation procedure has been completed) (section 14 of the draft) and to inform it in its next report whether the draft law has been adopted.

Furthermore, the Committee had noted the Government’s indication in a previous report that civil servants are able to bargain collectively on their conditions of work. The Committee requests the Government to indicate the legislation applicable and to send a copy of the relevant provisions.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

Articles 1 and 2 of the Convention. In its previous direct request the Committee had asked the Government to indicate what sanctions may be imposed against acts of anti-union discrimination and interference. The Committee notes the Government’s indication that legislation does not provide for sanctions. In this respect, the Committee requests the Government to take the necessary measures in the very near future with a view to adopting appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference by employers in trade union organizations, in conformity with the provisions of the Convention. The Committee asks the Government to provide information in this respect in its next report.

Article 4. In its previous direct request the Committee took note of a draft law on the rules governing collective bargaining and considered that in general terms its provisions comply with the Convention. In this respect, the Committee notes the Government’s information that the draft law is still before the Assembly of the Republic. In these circumstances, the Committee requests the Government once again to provide clarifications on the conciliation procedure mentioned in the draft law (duration, possibility of collective action once the conciliation procedure has been completed) (section 14 of the draft) and to inform it in its next report whether the draft law has been adopted.

Furthermore, the Committee notes the Government’s indication that civil servants are able to bargain collectively on their conditions of work. The Committee requests the Government to indicate the legislation applicable and to send a copy of the relevant provisions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

Articles 1 and 2 of the Convention. In its previous direct request the Committee had asked the Government to indicate what sanctions may be imposed against acts of anti-union discrimination and interference. The Committee notes the Government’s indication that legislation does not provide for sanctions. In this respect, the Committee requests the Government to take the necessary measures in the very near future with a view to adopting appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference by employers in trade union organizations, in conformity with the provisions of the Convention. The Committee asks the Government to provide information in this respect in its next report.

Article 4. In its previous direct request the Committee took note of a draft law on the rules governing collective bargaining and considered that in general terms its provisions comply with the Convention. In this respect, the Committee notes the Government’s information that the draft law is still before the Assembly of the Republic. In these circumstances, the Committee requests the Government once again to provide clarifications on the conciliation procedure mentioned in the draft law (duration, possibility of collective action once the conciliation procedure has been completed) (section 14 of the draft) and to inform it in its next report whether the draft law has been adopted.

Furthermore, the Committee notes the Government’s indication that civil servants are able to bargain collectively on their conditions of work. The Committee requests the Government to indicate the legislation applicable and to send a copy of the relevant provisions.

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

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 matters raised in its previous direct request, which read as follows:

  Article 1. The Committee observes that Union Act No. 5/92 (sections 6 and 12(c)), Act No. 6/92 on the Rules Governing Individual Working Conditions (section 14(c)) and Act No. 2/91 on the Rules Governing the Conduct of Union Activities (sections 2, 3, 4 and 5) contain provisions designed to provide workers with protection against acts of anti-union discrimination in respect of their employment. The Committee requests the Government to indicate in its next report what sanctions may be imposed in cases where acts of anti-union discrimination are committed. Furthermore, the Committee would be grateful if the Government would indicate how the system of protection operates in practice.

  Article 2. While it observes that Union Law No. 5/92 provides, in section 3(2), that it is forbidden for employers and their organizations, or other non-union bodies, to promote the setting up of, to maintain or subsidize union organizations by whatever means, or to intervene in whatever way in their organization or management, the Committee requests the Government to indicate what sanctions may be imposed against acts of interference.

  Article 4. With reference to the Draft Law on the Rules Governing Collective Bargaining, the Committee considers that in general terms its provisions do comply with the Convention. Notwithstanding, the Committee requests the Government to: (1) provide clarifications on the conciliation procedure referred to (duration, possibility to collective actions once the procedure has been completed and so on) (section 14 of the draft); and (2) state whether public servants who are not employees of the state administration may bargain collectively in respect of their conditions of employment. The Committee requests the Government to inform it, in its next report, whether the draft law in question has been adopted.

Finally, the Committee requests the Government to provide it with a copy of the Civil Service Statute.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 matters raised in its previous direct request, which read as follows:

  Article 1.  The Committee observes that Union Act No. 5/92 (sections 6 and 12(c)), Act No. 6/92 on the Rules Governing Individual Working Conditions (section 14(c)) and Act No. 2/91 on the Rules Governing the Conduct of Union Activities (sections 2, 3, 4 and 5) contain provisions designed to provide workers with protection against acts of anti-union discrimination in respect of their employment. The Committee requests the Government to indicate in its next report what sanctions may be imposed in cases where acts of anti-union discrimination are committed. Furthermore, the Committee would be grateful if the Government would indicate how the system of protection operates in practice.

  Article 2.  While it observes that Union Law No. 5/92 provides, in section 3(2), that it is forbidden for employers and their organizations, or other non-union bodies, to promote the setting up of, to maintain or subsidize union organizations by whatever means, or to intervene in whatever way in their organization or management, the Committee requests the Government to indicate what sanctions may be imposed against acts of interference.

  Article 4.  With reference to the Draft Law on the Rules Governing Collective Bargaining, the Committee considers that in general terms its provisions do comply with the Convention. Notwithstanding, the Committee requests the Government to: (1) provide clarifications on the conciliation procedure referred to (duration, possibility to collective actions once the procedure has been completed and so on) (section 14 of the draft); and (2) state whether public servants who are not employees of the state administration may bargain collectively in respect of their conditions of employment. The Committee requests the Government to inform it, in its next report, whether the draft law in question has been adopted.

Finally, the Committee requests the Government to provide it with a copy of the Civil Service Statute.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1. The Committee observes that Union Act No. 5/92 (sections 6 and 12(c)), Act No. 6/92 on the Rules Governing Individual Working Conditions (section 14(c)) and Act No. 2/91 on the Rules Governing the Conduct of Union Activities (sections 2, 3, 4 and 5) contain provisions designed to provide workers with protection against acts of anti-union discrimination in respect of their employment. The Committee requests the Government to indicate in its next report what sanctions may be imposed in cases where acts of anti-union discrimination are committed. Furthermore, the Committee would be grateful if the Government would indicate how the system of protection operates in practice.

Article 2. While it observes that Union Law No. 5/92 provides, in section 3(2), that it is forbidden for employers and their organizations, or other non-union bodies, to promote the setting up of, to maintain or subsidize union organizations by whatever means, or to intervene in whatever way in their organization or management, the Committee requests the Government to indicate what sanctions may be imposed against acts of interference.

Article 4. With reference to the Draft Law on the Rules Governing Collective Bargaining, the Committee considers that in general terms its provisions do comply with the Convention. Notwithstanding, the Committee requests the Government to: (1) provide clarifications on the conciliation procedure referred to (duration, possibility to strike once the procedure has been completed and so on) (section 14 of the draft); and (2) state whether public servants who are not employees of the state administration may bargain collectively in respect of their conditions of employment. The Committee requests the Government to inform it, in its next report, whether the draft law in question has been adopted.

Finally, the Committee requests the Government to provide it with a copy of the Civil Service Statute to which it refers in its report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 1. The Committee observes that Union Act No. 5/92 (sections 6 and 12(c)), Act No. 6/92 on the Rules Governing Individual Working Conditions (section 14(c)) and Act No. 2/91 on the Rules Governing the Conduct of Union Activities (sections 2, 3, 4 and 5) contain provisions designed to provide workers with protection against acts of anti-union discrimination in respect of their employment. The Committee requests the Government to indicate in its next report what sanctions may be imposed in cases where acts of anti-union discrimination are committed. Furthermore, the Committee would be grateful if the Government would indicate how the system of protection operates in practice.

Article 2. While it observes that Union Law No. 5/92 provides, in section 3(2), that it is forbidden for employers and their organizations, or other non-union bodies, to promote the setting up of, to maintain or subsidize union organizations by whatever means, or to intervene in whatever way in their organization or management, the Committee requests the Government to indicate what sanctions may be imposed against acts of interference among workers' and employers' organizations.

Article 4. With reference to the Draft Law on the Rules Governing Collective Bargaining, the Committee considers that in general terms its provisions do comply with the Convention. Notwithstanding, the Committee requests the Government to: (1) provide clarifications on the conciliation procedure referred to (duration, possibility to strike once the procedure has been completed and so on) (section 14 of the draft); and (2) state whether public servants who are not employees of the state administration may bargain collectively in respect of their conditions of employment. The Committee requests the Government to inform it, in its next report, whether the draft law in question has been adopted.

Finally, the Committee requests the Government to provide it with a copy of the Civil Service Statute to which it refers in its report.

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

The Committee has noted the information provided by the Government in its first report on the application of the Convention. Similarly, the Committee notes the Draft Law on the Rules Governing Collective Bargaining.

Article 1. The Committee observes that Union Act No. 5/92 (sections 6 and 12(c)), Act No. 6/92 on the Rules Governing Individual Working Conditions (section 14(c)) and Act No. 2/91 on the Rules Governing the Conduct of Union Activities (sections 2, 3, 4 and 5) contain provisions designed to provide workers with protection against acts of anti-union discrimination in respect of their employment. The Committee requests the Government to indicate in its next report what sanctions may be imposed in cases where acts of anti-union discrimination are committed. Furthermore, the Committee would be grateful if the Government would indicate how the system of protection operates in practice.

Article 2. While it observes that Union Law No. 5/92 provides, in section 3(2), that it is forbidden for employers and their organizations, or other non-union bodies, to promote the setting up of, to maintain or subsidize union organizations by whatever means, or to intervene in whatever way in their organization or management, the Committee requests the Government to indicate what sanctions may be imposed against acts of interference among workers' and employers' organizations.

Article 4. With reference to the Draft Law on the Rules Governing Collective Bargaining, the Committee considers that in general terms its provisions do comply with the Convention. Notwithstanding, the Committee requests the Government to: (1) provide clarifications on the conciliation procedure referred to (duration, possibility to strike once the procedure has been completed and so on) (section 14 of the draft); and (2) state whether public servants who are not employees of the state administration may bargain collectively in respect of their conditions of employment. The Committee requests the Government to inform it, in its next report, whether the draft law in question has been adopted.

Finally, the Committee requests the Government to provide it with a copy of the Civil Service Statute to which it refers in its report.