Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Guinée (Ratification: 1959)

1. The Committee notes that the Government’s report has not been received. It also notes the comments made by the International Trade Union Confederation (ITUC) dated 28 August 2007 concerning legislative matters already raised by the Committee and denouncing recurrent acts of anti-union discrimination and interference.

2. The Committee refers again to the points contained in its previous comments concerning the need to amend the national legislation.

Article 1 of the Convention. Need to include in the national legislation specific provisions: (a) to protect all workers, and not only trade union delegates as set out in the Labour Code, against anti-union discrimination at the time of recruitment and during employment; (b) to explicitly provide for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference; (c) to provide for rapid appeal procedures and sufficiently dissuasive sanctions for violations of section 3 of the draft new Labour Code, which provides that no employer may take into consideration membership of a trade union and trade union activities of workers in making decisions with regard to recruitment, performance and distribution of work, termination of the employment contract, etc.

Article 2. Request to include in the draft Labour Code specific provisions prohibiting acts of interference in the internal affairs of workers’ and employers’ organizations accompanied by efficient and speedy procedures and sufficiently dissuasive sanctions.

The Committee hopes that the provisions of the future Labour Code will be in full conformity with Articles 1 and 2 of the Convention. The Committee requests the Government to keep it informed of all developments in this regard.