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

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

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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.