Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guinea (Ratification: 1959)

Observations from workers’ organizations. The Committee notes the observations dated 31 July 2012 from the International Trade Union Confederation (ITUC), which are dealt with in the observation relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 1 of the Convention. Protection against anti-union discrimination. In its previous comments the Committee underlined the need to include in the national legislation specific provisions: (1) to protect all workers, and not only trade union delegates, against acts of anti-union discrimination at the time of recruitment and during employment; (2) to provide explicitly for appeal procedures and penalties acting as an adequate deterrent against acts of anti-union discrimination and interference; and (3) to provide for rapid appeal procedures and penalties acting as an adequate deterrent for violations of section 3 of the draft new Labour Code (which provides that no employer may take account of membership of a trade union and trade union activities of workers in making decisions about recruitment, performance and distribution of work, and termination of the employment contract). The Committee notes the Government’s statement that these issues were not a subject of discussion during the first session of the Labour and Social Legislation Advisory Committee, but that they might be placed on the agenda during forthcoming sessions and before the next legislative consultations. The Committee expresses the strong hope that the Labour and Social Legislation Advisory Committee will deal with these issues in the very near future and requests the Government to provide information on this matter. The Committee also requests the Government to provide information on any developments regarding the establishment of the national body for social dialogue which it mentions in its report relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 2. Protection against acts of interference In its previous comment the Committee emphasized the need to include in the draft new Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, together with efficient and speedy procedures and penalties acting as an adequate deterrent. The Committee notes the Government’s statement that section 321(1) and (2) of the draft Code provides for protection against acts of interference. The Committee requests the Government to provide information on the status of the legislative process concerning the new draft Labour Code – which has been at the preparation stage for many years – and to send a copy once it has been adopted. The Committee hopes that the Government will take the necessary steps to ensure that the new Labour Code is in full conformity with the provisions of the Convention.

Social dialogue. The Committee notes the Government’s indication that it has just established a forum for periodic consultation with the social partners, and this has enabled negotiations to be held aimed at improving workers’ living conditions. The Committee requests the Government to supply information on the functioning of this forum for periodic consultation and on any further steps taken to develop social dialogue.