Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee requested the Government clarify the possible cumulation, in case of acts constituting anti-union discrimination, of the financial penalties provided in the legislation and the annulment of these acts and their effects. The Committee notes the Government’s indications that in case of dismissal that is unjustified as a result of its anti-union character or of any other anti-union act by the employer, those acts shall be null and void, the employer responsible for the act shall be liable for damages to the worker concerned and shall reinstate the worker in his or her post. The Committee notes these elements and requests the Government to provide information on the implementation in practice of the different provisions of the Labour Code prohibiting anti-union discrimination. Noting that the process of revising the Labour Code is currently under way, the Committee also requests the Government to provide information on any change made to the legislation in this regard.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee requested the Government to ensure that the prohibition of anti-union interference set out in the Labour Code covers all of the acts prohibited in the Convention and to provide information on the application of the provisions of the Labour Code prohibiting and sanctioning those acts. The Committee notes that the Government is ready to consider the concerns expressed by the Committee within the framework of the revision of the Labour Code. It also notes the Government’s indication that it is not able to supply precise information regarding the application of section 523.30 of the Labour Code, which provides financial penalties in cases of anti-union discrimination and interference. Noting the Government’s commitment, the Committee requests it to take steps to ensure that, within the framework of the current revision of the Labour Code, the prohibition of anti-union interference covers all of the acts prohibited by the Convention. Moreover, the Committee once again requests the Government to provide information regarding the application of section 523.30 of the Labour Code sanctioning acts of anti-union interference.

Article 4. Promotion of collective bargaining. Determination of the representativity of trade union organizations. In its previous comments, recalling Committee on Freedom of Association Case No. 3169, the Committee requested the Government to provide information on appeals against Decree No. D/2014/257/PRG/SGG regulating social elections in the public, para-public and private sectors. The Committee notes the Government’s indication that no legal or administrative appeal has been lodged in respect of said Decree. The Committee observes however that the Government had indicated in its previous report that the judicial and administrative appeals lodged against the Decree were following their normal course before the Supreme Court, which would transfer them at the appropriate time to the Constitutional Court. The Committee further observes that in its examination of the above-mentioned case, the Committee on Freedom of Association had requested the Government to indicate whether the choice of enterprises where the social elections were held in 2015, pursuant to said Decree, had been the subject of consultation with the social partners and to indicate the relevant criteria. Stressing once again the need, for the sound application of the Convention, of the existence of objective and reliable mechanisms for the determination of the representative character of trade unions, the Committee requests the Government to initiate consultations with all trade union organizations on the content of the Decree No. D/2014/257/PRG/SGG and on the holding of the next social elections.

Right of collective bargaining in practice. The Committee notes the information provided by the Government regarding the existence of sectoral collective agreements, in particular for banks and insurance, ports, construction and public works, and also in hotels and restaurants. Furthermore, the collective agreement for the press sector had been drawn up, but not promulgated, while that for mines and quarries is under negotiation. Noting that the Government is unable to provide statistical information on the number of workers currently covered by the collective agreements, the Committee requests the Government to continue to provide information on signed collective agreements and the sectors concerned, as well as the number of workers covered, once that information is available. The Committee also requests the Government to provide information on reasons why the collective agreement for the press has not been promulgated.