Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Burkina Faso (Ratification: 1962)

Articles 4 and 6 of the Convention. Collective bargaining in the public sector. With reference to its previous comments, the Committee had noted the Government’s indication that, pursuant to Act No. 013/98/AN of 28 April 1998 establishing the legal regime applicable to posts and employees in the public service, as amended by Act No. 019-2005/AN of 18 May 2005, public servants are entitled to freely engage in bargaining and to conclude agreements in their sectors of activity, although in practice no collective agreement has been negotiated or concluded in the public sector. The Committee notes that, while the Act in question, in its sections 44 and 45, provides that public service employees can establish associations or occupational trade unions and grants the right to strike to public service employees who exercise it within the framework defined by the relevant legislative texts in force, it does not explicitly recognize the right to collective bargaining for public servants not engaged in the administration of the State. The Committee requests the Government once again to take the necessary steps to ensure that the legislation explicitly guarantees the right to collective bargaining for public servants not engaged in the administration of the State and establishes adequate machinery to promote the exercise of this right. The Committee requests the Government to provide information in its next report on any further developments in this regard and on any collective agreement concluded in the public sector. The Committee invites the Government to avail itself of ILO technical assistance.