Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Sao Tomé-et-Principe (Ratification: 1992)

Autre commentaire sur C098

Observation

Demande directe

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Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take the necessary measures so as to ensure that its legislation imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and interference. The Committee notes the Government’s indication that the new Labour Code adopted in 2019 has not introduced any changes in this respect but that it continues to contain a number of specific provisions that give application to Articles 1 and 2 of the Convention. The Committee notes in this respect that the legislation in force: (i) comprehensively prohibits acts of anti-union discrimination and interference; (ii) contains rules for adjusting the burden of proof to facilitate the determination of the existence of anti-union discrimination; (iii) establishes enhanced protection for trade union representatives and candidates for the post of representatives against acts of anti-union discrimination; (iv) provides for the reinstatement of workers in the event of unlawful dismissal; and (v) establishes fines and a sanction of imprisonment in the event of acts of anti-union interference.

The Committee takes due note of these elements. It continues however to observe that the provisions of the Labour Code do not provide for specific sanctions for acts of anti-union discrimination affecting workers who are not trade union representatives or candidates for the post of representatives. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation provides for effective and dissuasive sanctions against acts of anti-union discrimination that apply to all workers covered by the Convention. The Committee requests the Government to provide information on any progress made in this regard in its next report.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. The Committee previously expressed concern at the absence of collective agreements in the country, highlighting that the absence of a legal framework could hamper the exercise of the right to collective bargaining. The Committee notes that while the Government states that its legislation still does not provide a legal framework for collective bargaining, it acknowledges the need to facilitate the collective bargaining process in the country in order to reverse the current situation and indicates that meetings of the National Council of Social Concertation have taken place. The Committee once again requests the Government to take all the necessary measures, both in law and practice, to encourage and promote the development and utilization of collective bargaining, and requests it to provide information on the concrete steps taken in this regard.

The Committee reiterates that the technical assistance of the Office is available to the Government in relation to the various matters raised in this observation.