National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee emphasized the need to ensure that protection against acts of anti-union discrimination is not confined solely to trade union delegates and to extend it to all workers. The Committee notes with interest that the new Labour Code contains in its preliminary Title a section prohibiting discrimination in all its forms, including discrimination based on membership or not of a trade union and on trade union activity, and which provides that any act or measure contrary to this prohibition shall be absolutely null and void, unless an exception is set out in the specific provisions of the Labour Code or any other law or regulation. Noting that several provisions of the Labour Code, some of which relate to unjustified termination of employment (section 172(10)) and in other cases to anti-union acts (sections 321(1) and 523(19)) provide for the payment of damages or fines, the Committee requests the Government to specify whether these financial penalties are in addition to the act being null and void, as set out in the preliminary Title of the Labour Code, and whether the anti-union nature of dismissal or any other act by the employer also results in the reinstatement of the worker in the conditions of work or employment applicable prior to the anti-union act. In general terms, the Committee also requests the Government to provide information on the effect given in practice to the various provisions of the Labour Code prohibiting anti-union discrimination. Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had 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, accompanied by effective and expeditious procedures and sufficiently dissuasive penalties. The Committee notes that section 332(7) of the new Labour Code prohibits interference by the employer in trade union activities. Noting the general nature of the wording of section 332(7) of the Labour Code, the Committee requests the Government to take measures, including legislative measures where necessary, to ensure that the prohibition of anti-union interference set out in the Labour Code effectively covers all of the acts prohibited by Article 2 of the Convention. The Committee also notes that, in accordance with section 523(30) of the Labour Code, acts of interference give rise to a fine of between GNF2 and 5 million. While recalling the importance of the provision of dissuasive penalties so as to ensure compliance with Article 2 of the Convention in practice, the Committee requests the Government to provide information on the effect given to the provisions of the Labour Code which prohibit and sanction acts of anti-union interference. Article 4. Promotion of collective bargaining. Determination of the representativity of trade union organizations. In its previous comments, the Committee requested the Government to indicate any new developments in relation to the judicial and administrative 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 the judicial and administrative appeals lodged against the Decree are following their normal course and are currently before the Supreme Court, which will transfer them at the appropriate time to the Constitutional Court. Recalling 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, and observing that this matter has been raised in a case examined by the Committee on Freedom of Association (Case No. 3169), the Committee emphasizes the importance for the competent courts to issue their decisions rapidly on the appeals lodged against Decree No. D/2014/257/PRG/SGG and requests the Government to provide information on any further developments in this regard. Right of collective bargaining in practice. The Committee notes the information provided by the Government concerning three sectoral collective agreements concluded between 2015 and 2017, and those that are being drafted in the airports and press sectors. The Committee invites the Government to continue providing information on the collective agreements concluded, the sectors concerned and the number of workers covered.
Repetition 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 provided in the Labour Code, against acts of anti-union discrimination at the time of recruitment and during employment; (b) to provide expressly 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 about recruitment, performance and distribution of work, termination of the employment contract, etc.Article 2. Need to include in the draft Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by efficient and expeditious procedures and sufficiently dissuasive sanctions.The Committee trusts that the Government will take the necessary steps to ensure that the provisions of the new Labour Code, which have been under preparation for many years, are fully consistent with Articles 1 and 2 of the Convention. The Committee requests the Government to indicate all progress towards this end in its next report.Finally, the Committee notes the comments made by the International Trade Union Confederation (ITUC) and requests the Government to provide its reply.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
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 provided in the Labour Code, against acts of anti-union discrimination at the time of recruitment and during employment; (b) to provide expressly 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 about recruitment, performance and distribution of work, termination of the employment contract, etc.
Article 2. Need to include in the draft Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by efficient and expeditious procedures and sufficiently dissuasive sanctions.
The Committee trusts that the Government will take the necessary steps to ensure that the provisions of the new Labour Code, which have been under preparation for many years, are fully consistent with Articles 1 and 2 of the Convention. The Committee requests the Government to indicate all progress towards this end in its next report.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
Finally, the Committee notes the comments made by the International Trade Union Confederation (ITUC) and requests the Government to provide its reply.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
The Committee takes note of the observations made by the International Trade Union Confederation (ITUC) concerning in particular any anti-union dismissals.
The Committee notes with regret that the Government’s report has not been received. It takes note of the observations of 29 August 2008 by the International Trade Union Confederation (ITUC) on legislative issues that the Committee has already raised.
In its previous comments, the Committee raised the following matters.
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.
The Committee takes note of the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU), which largely concern outstanding issues of law and practice relating to the Convention which are already under examination. The Committee requests the Government to send its comments on the ICFTU’s observations.
It also asks the Government, in the context of the regular reporting cycle, to send for examination by the Committee at its session of November‑December 2007, its comments on all the matters of law and practice regarding the Convention raised in the Committee’s observation of 2005 (see 2005 observation, 76th Session) which also refer to other observations of the ICFTU.
The Committee notes the Government’s report.
Article 1 of the Convention. The Committee recalls that the questions raised in its previous observation concerned the 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 protect employers’ and workers’ organizations against acts of interference by each other (or their agents); and (c) to explicitly provide for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference.
The Committee had noted that section 3 of the new draft Labour Code provides that no employer may take into consideration the membership of a trade union and trade union activities of workers in reaching decisions with regard, among other matters, to recruitment, conduct and the allocation of work, termination of the employment contract, etc. The Committee notes that the Government indicates that the new draft Labour Code does contain appeal procedures and sufficiently dissuasive sanctions. It therefore recalls that general legal provisions, such as section 3 of the draft Labour Code prohibiting acts of anti-union discrimination against workers, are inadequate in the absence of rapid and effective procedures, including the application of sufficiently dissuasive sanctions.
Article 2. The Committee notes that the new draft Labour Code does not contain provisions granting protection against acts of interference in the internal affairs of workers’ and employers’ organizations. The Committee requests the Government to include in the draft Labour Code specific provisions prohibiting these acts combined with effective 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 in this respect in its next report and to provide a copy of the final text of the new Labour Code.
Articles 1 and 2 of the Convention. The Committee recalls that its previous comments concerned the 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 protect employers’ and workers’ organizations against acts of interference by each other (or their agents); and (c) to explicitly provide for appeal procedures and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference.
The Committee notes that the Government’s last report contains the same explanations as the previous report. Firstly, according to the Government, section 3 of the new draft Labour Code provides that no employer may take into consideration the membership of a trade union and trade union activities of workers in reaching decisions with regard, among other matters, to recruitment, conduct and the allocation of work, termination of the employment contract, etc. The Committee notes that the Government does not indicate whether appeal procedures and sufficiently dissuasive sanctions will also be envisaged. It therefore recalls that general legal provisions, such as section 3 of the draft Labour Code prohibiting acts of anti-union discrimination against workers, are inadequate in the absence of rapid and effective procedures, including the application of sufficiently dissuasive sanctions.
The Committee also notes that the Government repeats that acts of interference in the internal affairs of workers’ and employers’ organizations are not envisaged in national texts, without indicating whether the draft Labour Code prohibits and penalizes such acts. In this respect, the Committee, observing that such protection apparently does not exist in the draft Labour Code, requests the Government to take specific measures combined with effective and sufficiently dissuasive sanctions.
The Committee hopes that the provisions of the new Labour Code will be in full conformity with Articles 1 and 2 of the Convention with regard to protection against acts of anti-union discrimination and interference. The Committee requests the Government to keep it informed in this respect in its next report and to provide a copy of the final text of the new Labour Code.
The Committee recalls that its previous comments referred to the need for the national legislation to contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment, to protect workers and their organizations against acts of interference by employers, and that these provisions should be accompanied by effective procedures and sufficiently dissuasive sanctions. The Committee had noted the Government’s indication that under the provisions of section 3 of the draft Labour Code, drawn up with ILO technical assistance, no employer may take into account the trade union activity or affiliation of workers in decisions regarding contracts, wages and work organization, termination of employment contracts, etc. In this context, the Committee recalls that by virtue of the provisions of Article 2 of the Convention, national legislation should also include provisions aimed at protecting workers’ and employers’ organizations against any acts of interference by each other, and that it is necessary to provide expressly for legal procedures and sufficiently dissuasive sanctions against acts of anti-trade union discrimination and interference so as to ensure the effective application of Articles 1 and 2. The Committee draws the attention of the Government to the availability of further ILO technical assistance concerning these questions, in the process of drafting the new Labour Code, and hopes that this Code will be in full conformity with the provisions of the Convention and will be adopted in the near future. The Committee asks the Government to indicate in its next report progress achieved in this regard.
The Committee recalls that its previous comments referred to the need for the national legislation to contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment, to protect workers and their organizations against acts of interference by employers, and that these provisions should be accompanied by effective procedures and sufficiently dissuasive sanctions.
The Committee had noted the Government’s indication that under the provisions of section 3 of the draft Labour Code, drawn up with ILO technical assistance, no employer may take into account the trade union activity or affiliation of workers in decisions regarding contracts, wages and work organization, termination of employment contracts, etc. In this context, the Committee recalls that by virtue of the provisions of Article 2 of the Convention, national legislation should also include provisions aimed at protecting workers’ and employers’ organizations against any acts of interference by each other, and that it is necessary to provide expressly for legal procedures and sufficiently dissuasive sanctions against acts of anti-trade union discrimination and interference so as to ensure the effective application of Articles 1 and 2. The Committee draws the attention of the Government to the availability of further ILO technical assistance concerning these questions, in the process of drafting the new Labour Code, and hopes that this Code will be in full conformity with the provisions of the Convention and will be adopted in the near future. The Committee asks the Government to indicate in its next report progress achieved in this regard.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes the Government’s indication that under the provisions of section 3 of the draft Labour Code, drawn up with ILO technical assistance, no employer may take into account the trade union activity or affiliation of workers in decisions regarding contracts, wages and work organization, termination of employment contracts, etc. In this context, the Committee recalls that by virtue of the provisions of Article 2 of the Convention, national legislation should also include provisions aimed at protecting workers’ and employers’ organizations against any acts of interference by each other, and that it is necessary to provide expressly for legal procedures and sufficiently dissuasive sanctions against acts of anti-trade union discrimination and interference so as to ensure the effective application of Articles 1 and 2. The Committee draws the attention of the Government to the availability of further ILO technical assistance concerning these questions, in the process of drafting the new Labour Code, and hopes that this Code will be in full conformity with the provisions of the Convention and will be adopted in the near future. The Committee asks the Government to indicate in its next report progress achieved in this regard.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:
Articles 1 and 2 of the Convention. The Committee observes that section 249 of the Labour Code prohibits any clause in a collective agreement which directly or indirectly restricts the freedom of workers to join the union of their choice; not to join a union, or to withdraw from a union and which provides for a fine in the event of non-compliance, and that sections 277 to 282 provide protection for trade union representatives. The Committee would remind the Government that legislation should contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment to protect workers and their organizations against acts of interference by employers and that these provisions should be accompanied by effective and expeditious procedures and sufficiently dissuasive sanctions. It requests the Government to take measures in the above-indicated sense.
The Committee notes that the Government's report has not been received and is therefore bound to reiterate its previous comments which read as follows:
Articles 1 and 2 of the Convention. The Committee observes that section 249 of the Labour Code prohibits any clause in a collective agreement which directly or indirectly restricts the freedom of workers to join the union of their choice; not to join a union, or to withdraw from a union and which provides for a fine in the event of non-compliance, and that sections 277 to 282 provide protection for trade union representatives. The Committee would remind the Government that legislation should contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment to protect workers and their organizations against acts of interference by employers and that these provisions should be accompanied by effective and expeditious procedures and sufficiently dissuasive sanctions.
The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Articles 1 and 2 of the Convention. The Committee again requests the Government to provide it with information on the application in practice of the provisions of these Articles and, in particular, any judicial decision handed down to protect workers and their organizations against any act of anti-union discrimination, including at the time of recruitment, or against acts of interference by employers.
The Committee notes the Government's report and information that it has not encountered any difficulties of a legal nature in the application of the Convention and is making efforts to disseminate to the social partners the national legislation and standards on collective bargaining.
The Committee observes that section 249 of the Labour Code prohibits any clause in a collective agreement which directly or indirectly restricts the freedom of workers to join the union of their choice; not to join a union, or to withdraw from a union and which provides for a fine in the event of non-compliance, and that sections 277 to 282 provide protection for trade union representatives. The Committee notes in particular that article 7 of the collective agreement of the mines, quarries and mining industries branch, of June 1986, contains specific provisions to guarantee protection against anti-union discrimination and interference. It notes, however, that the communication of October 1992 from the General Union of Workers of Guinea complains of anti-union measures by employers, and therefore reminds the Government that it would clearly be desirable for the legislation to contain specific provisions to protect workers against anti-union discrimination at the time of recruitment and during employment (for example, similar to the provisions of the above-mentioned collective agreement), enforceable by legal redress and sufficiently dissuasive sanctions in order to ensure that practical effect is given to Articles 1 and 2 of the Convention. The Committee asks the Government to continue to provide information on the practical application of the provisions of these Articles of the Convention, and in particular any court decisions handed down to protect workers and their organizations against acts of anti-union discrimination, including at the time of recruitment, or against acts of interference by employers.
Lastly, the Committee notes that the Government and the social partners are engaged in efforts to publicize the content of the national legislation and the relevant international labour standards.
The Committee notes the information supplied by the Government in its latest report to the effect that, in national practice, there have been no difficulties of a legal nature in applying the Convention.
The Committee notes that the Government's report has not been received.
However, the Committee notes the communication by the General Union of Workers of Guinea (UGTG), dated 8 October 1992, in relation to the non-application of the Convention.
In its previous comments, the Committee asked the Government to adopt provisions to protect workers against acts of anti-union discrimination by employers during recruitment and employment (Article 1 of the Convention), and provisions to protect workers' organizations against acts of interference by individual employers or employers' organizations (Article 2), accompanied by sufficiently effective and dissuasive sanctions.
The Committee hopes that specific statutory provisions will be adopted in the future and asks the Government to inform it of any progress made in this respect in its next report.
The Committee notes the information communicated by the Government in its last report.
In its previous comments, the Committee asked the Government to adopt provisions to protect workers against acts of anti-union discrimination by employers during recruitment and employment (Article 1 of the Convention), and provisions to protect workers' organisations against acts of interference by individual employers or employers' organisations (Article 2), accompanied by sufficiently effective and dissuasive sanctions.
The Committee notes with interest the information contained in the report to the effect that national practice with regard to labour relations is such that no acts of discrimination or interference have so far been recorded, because the social partners effectively enjoy freedom and independence.
It nonetheless recalls that on ratifying the Convention the Government undertook to take steps to bring its legislation into full conformity with Articles 1 and 2 of the Convention.
The Committee therefore hopes that specific statutory provisions will be adopted in the future and asks the Government to inform it of any progress made in this respect in its next report.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request.
The Committee requested the Government to adopt provisions to protect workers against anti-union discrimination by employers during recruitment and employment (Article 1 of the Convention), and provisions to protect workers' organisations from acts of interference by individual employers or employers' organisations (Article 2 of the Convention), accompanied by sufficiently effective and dissuasive sanctions.
With reference to the new Labour Code, the Committee notes the provisions respecting the protection of trade union representatives (sections 277 to 282) and section 304(a), which provides that sectoral collective agreements or the inter-occupational agreement, in order to be extended, shall contain a provision respecting the free exercise of trade union rights and the freedom of opinion of employees. In this connection, it takes due note of section 7 of the sectoral collective agreement of 1986 for mines, quarries and the mining industry which was attached to the Government's report, which contains provisions providing protection against anti-union discrimination and against interference.
However, the Committee notes that the new labour legislation does not contain provisions similar to those of the above collective agreement that provide workers with protection as established in Articles 1 and 2 of the Convention.
While noting the Government's statement to the effect that problems of discrimination and interference do not arise in practice, the Committee is of the opinion that the adoption of specific provisions at the legislative level would ensure a more effective implementation of Articles 1 and 2 of the Convention. It therefore requests the Government to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention on these matters.
The Committee notes the Government's report and the annexed document.
In its previous request, the Committee requested the Government to adopt provisions to protect workers against anti-union discrimination by employers during recruitment and employment (Article 1 of the Convention), and provisions to protect workers' organisations from acts of interference by individual employers or employers' organisations (Article 2 of the Convention), accompanied by penal sanctions.