CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Gabon (RATIFICATION: 1960)

Other comments on C087

Observation

Direct Request

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Article 3 of the Convention. Negotiated minimum service. In its previous comments, the Committee referred to the current process of the revision of the Labour Code and requested the Government to hold consultations with the social partners in this framework on issues concerning the determination of the list of sectors in which it is compulsory to provide a minimum service, the arrangements for the negotiation of this service and the need for an independent body to settle disputes, if the social partners so wish. The Committee notes the Government’s indication that the draft revision of the Labour Code was validated by the administration and the social partners in April 2015 and submitted to Parliament, and that it cannot provide any more information on this matter until the Parliament decides on the draft submitted. The Committee requests the Government to report any new developments concerning the adoption of the draft revision of the Labour Code and, where applicable, to specify in particular the provisions adopted relating to the mechanisms for determining the list of sectors in which it is compulsory to provide a minimum service, the arrangements for the negotiation of this minimum service and any independent body envisaged to settle disputes in the event of collective disputes.

Furthermore, in its previous comments, the Committee referred to Circular No. 01418/MENSRSIPPG/CAB of 16 November 2009 on the minimum service in schools and recalled that minimum services can be established in the education sector in the event of a long strike, but that they should be determined in full consultation with the social partners. The Committee, therefore, requested the Government to hold negotiations with the social partners with a view to determining the characteristics of a minimum service in the event of a strike in the education, training and research sector. In its reply, the Government indicates that the negotiations conducted with the social partners with a view to achieving a comprehensive and satisfactory response to this issue could not be concluded as a result of the radicalism and systematic recourse to strikes by some trade unions. The Government nevertheless indicates that it is determined to encourage dialogue in the sector. The Committee encourages the Government to continue consultations with the social partners with a view to an agreed determination of the minimum services to be provided in the event of a strike in the education sector, and requests the Government to report any further developments in this regard.