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

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

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.