Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 151) sur les relations de travail dans la fonction publique, 1978 - Sao Tomé-et-Principe (Ratification: 2005)

The Committee regrets that the Government’s report does not contain information on several of the matters raised in its previous comments, and particularly in relation to Articles 4 and 5 of the Convention.

Article 4 of the Convention. Protection against acts of anti-union discrimination. The Committee noted previously the Government’s indication that there is no legislation establishing penalties for acts of anti-union discrimination. The Committee requests the Government to take the necessary measures for the adoption of legal provisions imposing sufficiently effective and dissuasive sanctions for acts of anti-union discrimination.

Article 5. Protection against acts of interference. The Committee observed previously that the legislation does not establish sanctions for acts of interference. The Committee requests the Government to take the necessary measures for the adoption of legal provisions imposing sufficiently effective and dissuasive sanctions for acts of interference against trade union organizations of public employees.

Article 7. Machinery for participation in the determination of terms and conditions of employment. The Committee notes the Government’s indication in its report that matters relating to collective bargaining in the public administration sector are the responsibility of the Directorate of the Public Administration and that the role of the Labour Directorate of the Ministry of Employment and Social Affairs is confined to the private sector. The Committee is examining the question of the application of collective bargaining in the public service in the framework of the Collective Bargaining Convention, 1981 (No. 154).

Article 8. Settlement of collective disputes. The Committee noted previously that section 11 of the Act on strikes refers to compulsory arbitration, but that the legislation does not make reference to any procedures for mediation or conciliation in the event of a dispute between the parties. The Committee notes the Government’s indication that matters relating to the mediation of disputes in the public administration sector are the responsibility of the Directorate of the Public Administration and not the Labour Directorate. The Committee requests the Government to provide additional information on the settlement of collective disputes in the public administration, and particularly to indicate whether the Act referred to above applies to employees of the public administration, and to provide detailed information on the mediation machinery under the responsibility of the Directorate of the Public Administration.

The Committee trusts that the Government will take the necessary measures in the near future.