Effect given to the recommendations of the committee and the Governing Body - Report No 332, November 2003

Case No 2128 (Gabon) - Complaint date: 11-MAY-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 62. The Committee last examined this case at its June 2002 meeting. On this occasion, the Committee requested the Government to take legislative or other measures as soon as possible to grant legal recognition and effective protection to trade union delegates in enterprises [see 328th Report, para. 264].
2. 63. In a first communication dated 11 September 2002, the Government states that it would like to have sufficient time to consult Parliament with the view to taking legislative measures to grant legal recognition and effective protection to trade union delegates in enterprises. In a second communication dated 27 August 2003, the Government states that the case has made no significant progress. The Government states that the circular letter of 7 May 2001 of the Ministry of Labour, which called for a suspension of trade union delegates’ activities in enterprises, was annulled and, because of this, was not put into effect. The Government adds that, in accordance with Article 4 of Convention No. 98, it has referred the definition of assignment, the length of mandate and the way in which trade union delegates are assigned to collective agreements. In this way, the Government notes that it is appropriate to renegotiate the common body of the collective agreements, in force for 21 years. The Government adds that trade union delegates continue to carry out their trade union activities within their respective enterprises undisturbed.
3. 64. The Committee recalls that the issue in the present case arises from the fact that the Labour Code makes the legal existence of trade union delegates, and, therefore, their protection, dependent on the negotiation of a collective agreement. None of the relevant collective agreements contain any provision in this respect. This omission has not prevented trade union delegates from being present in enterprises in practice. Moreover, the Committee recalls that the circular letter of 7 May 2001, basing itself on the Labour Code, stated that, in the absence of relevant provisions in the collective agreements, the presence of trade union delegates in enterprises was illegal.
4. 65. In the circumstances, the Committee notes with interest the information provided by the Government on the withdrawal of the circular letter and on the continuation of activities by trade union delegates. However, the Committee notes that the legal existence of trade union delegates remains precarious. Also, while noting the referral of the issue to collective bargaining, the Committee urges the Government to take legislative measures without delay to grant legal recognition and effective protection to trade union delegates and to keep it informed of the progress made in this regard.