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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Guinea (Ratification: 1959)

Article 3 of the Convention. Right of organizations to organize their activities and to formulate their programmes. In its previous comment, the Committee requested the Government to provide information on the work of the National Social Dialogue Council (CNDS) in resolving disagreements concerning the determination of minimum wages. The Committee also requested the Government to indicate the minimum services determined in the transport and communications services. The Committee notes the adoption of the new Decree of 31 May 2022 on the organization and functioning of the CNDS. The Committee notes that the Government indicates that it is in the process of adopting the measures necessary to render the CNDS operational and that the social partners have been requested to designate their members to allow the body to be up and running as soon as possible. According to the Government, as it is not yet operational, the CNDS has not intervened in resolving the disagreements concerning the determination of minimum wages. The Committee also notes that, according to the Government, following a number of collective disputes, minimum services have been determined at the level of certain institutions and that minimum services exist in the communication and transport sectors. In light of the above, the Committee once again requests the Government to provide information on the work of the CNDS, once operational, in the resolution of disagreements concerning the determination of minimum services. The Committee also once again requests the Government to provide information on the minimum services determined in the communication, transport and other sectors.

In its previous comment, the Committee welcomed the establishment of the commission to review the Labour Code and hoped that sections 431.5 and 434.4 of the Labour Code, on minimum service in case of strikes and compulsory arbitration respectively, would be amended in conformity with the Convention. The Committee notes the Government’s indication that the amendment process of the Labour Code is under way, in consultation with the social partners, and that the next step is to establish a commission which will be responsible for bringing together the different observations made regarding the inadequacies, shortcomings, legal gaps and desired rectifications in certain articles of the Labour Code. On completion of that task, a “sharing” workshop will be organized, at the latest in the month of November 2022. The Committee notes that the Government indicates that it has requested ILO technical assistance in this regard. The Committee requests the Government to report on all progress made in this respect and encourages the Government to continue to avail itself of the technical assistance of the Office in this connection.