Collective Bargaining Convention, 1981 (No. 154) - Sao Tome and Principe (Ratification: 2005)

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

Previous comment

Article 5 of the Convention. Collective bargaining in the public administration. In its previous comment, the Committee, having noted both the absence of a legal framework for collective bargaining and its application to public servants, requested the Government to take the necessary measures to remedy this situation and thus give effect to Article 5 of the Convention. The Committee notes that the Government: (i) mentions that bargaining takes place when the National Council for Social Dialogue deems it appropriate or when the situation so justifies; and (ii) emphasizes that there are no collective agreements in the country, that there is still no legal framework for collective bargaining and that the Government is willing to work with the social partners to remedy that situation, for example during the reform of the Labour Code (Act No. 6/2019). Recalling that under the Convention, while taking full account of the particular conditions in the public service, persons employed by the public administration must be able to bargain collectively in respect of their working conditions and terms of employment, the Committee requests the Government to: (i) give clear details on the participation of trade unions in the National Council for Social Dialogue and on the content and results of the negotiations taking place therein; and (ii) take the necessary measures, in consultation with the representative trade union organizations concerned, to establish a legal framework to promote the application of collective bargaining within the public service. The Committee requests the Government to provide information on all progress achieved on this matter and recalls that the Government may avail itself of ILO technical assistance 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

Article 5 of the Convention. Collective bargaining in the public administration. The Committee notes the Government’s indication in its report that collective bargaining does not apply to the public service.The Committee requests the Government to indicate the obstacles preventing the application of collective bargaining to public servants and to take all measures at its disposal to make possible and promote collective bargaining in the public service with a view to giving effect to Article 5 of the Convention.

Legal framework for the exercise of collective bargaining. The Committee notes that, in the context of the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government indicates that the Bill establishing the legal framework for collective bargaining has still not been adopted.The Committee requests the Government to inform it of the ongoing legislative process and it firmly hopes that all appropriate measures will be taken for the adoption of the necessary regulation to promote collective bargaining.

Article 6. Mediation. The Committee notes the Government’s indication that the Labour Directorate of the Ministry of Employment and Social Affairs only acts as a mediator in disputes between employers and workers in the private sector.

Article 7. Consultation and negotiation with employers’ and workers’ organizations. The Committee reminded the Government in previous comments that, under the terms of the Convention, consultation and negotiation with the most representative organizations of workers and employers has to be promoted during the process of determining the rules for collective bargaining procedures.The Committee once again requests the Government to take measures for this purpose.

Application in practice. The Committee previously noted the Government’s indication that there are currently no collective agreements in the country in view of its geographical size.The Committee expresses concern in this regard and once again invites the Government to have recourse to ILO technical assistance to resolve this important problem.

The Committee hopes 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)

Article 5 of the Convention. Collective bargaining in the public administration. The Committee notes the Government’s indication in its report that collective bargaining does not apply to the public service. The Committee requests the Government to indicate the obstacles preventing the application of collective bargaining to public servants and to take all measures at its disposal to make possible and promote collective bargaining in the public service with a view to giving effect to Article 5 of the Convention.

Legal framework for the exercise of collective bargaining. The Committee notes that, in the context of the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government indicates that the Bill establishing the legal framework for collective bargaining has still not been adopted. The Committee requests the Government to inform it of the ongoing legislative process and it firmly hopes that all appropriate measures will be taken for the adoption of the necessary regulation to promote collective bargaining.

Article 6. Mediation. The Committee notes the Government’s indication that the Labour Directorate of the Ministry of Employment and Social Affairs only acts as a mediator in disputes between employers and workers in the private sector.

Article 7. Consultation and negotiation with employers’ and workers’ organizations. The Committee reminded the Government in previous comments that, under the terms of the Convention, consultation and negotiation with the most representative organizations of workers and employers has to be promoted during the process of determining the rules for collective bargaining procedures. The Committee once again requests the Government to take measures for this purpose.

Application in practice. The Committee previously noted the Government’s indication that there are currently no collective agreements in the country in view of its geographical size. The Committee expresses concern in this regard and once again invites the Government to have recourse to ILO technical assistance to resolve this important problem.

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 observes that collective bargaining is not governed by legislation and requests the Government to indicate whether the right to collective bargaining also applies to the public service.

The Committee noted the Government’s indication, in the context of the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that the bill concerning the legal framework of collective bargaining has still not been adopted. The Committee reiterates the importance of adopting the bill as soon as possible, of securing the right to collective negotiation of their conditions of work and employment to all workers in the public and private sectors, including public servants, and also of securing to them the right to regulate, by means of collective agreements, relations between the workers and employers and relations between the employers (or employers’ organizations) and one or more workers’ organizations. 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.

The Committee reminds the Government that, in establishing the rules of procedure for collective bargaining, consultation and negotiation must take place with the most representative workers’ and employers’ organizations. The Committee requests the Government to adopt measures towards this end.

The Committee noted 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.

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

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

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

The Committee notes the Government’s first report. It also notes the Government’s indication concerning the adoption of a new Constitution, a copy of which will be sent to the Office. The Committee observes that collective bargaining is not governed by legislation and requests the Government to indicate whether the right to collective bargaining also applies to the public service.

The Committee notes the Government’s indication, in the context of the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that the bill concerning the legal framework of collective bargaining has still not been adopted. The Committee reiterates the importance of adopting the bill as soon as possible, of securing the right to collective negotiation of their conditions of work and employment to all workers in the public and private sectors, including public servants, and also of securing to them the right to regulate, by means of collective agreements, relations between the workers and employers and relations between the employers (or employers’ organizations) and one or more workers’ organizations. 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.

Furthermore, the Committee notes that the elected representatives are elected by the trade union membership.

The Committee reminds the Government that, in establishing the rules of procedure for collective bargaining, consultation and negotiation must take place with the most representative workers’ and employers’ organizations. The Committee requests the Government to adopt measures towards this end.

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.

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