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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mozambique (RATIFICATION: 1996)

Other comments on C098

Observation

Direct Request

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Application of the Convention in the private sector

Article 4 of the Convention. Compulsory arbitration in services which are not essential in the strict sense of the term. With regard to its previous comments concerning the need to amend section 205 of the Labour Act, the Committee requests the Government to refer to its comments concerning sections 189 and 205 of the Act, contained in its direct request on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Collective bargaining in practice. The Committee requests the Government to provide information on any measures taken to promote free and voluntary collective bargaining and on any collective agreements concluded, with an indication of the sector concerned and the approximate number of workers covered.

Adoption of the Act on trade union organization in the public service

The Committee welcomes the adoption on 27 August 2014 of the Act on trade union organization in the public service which recognizes the freedom of association and the right to collective bargaining of public servants and employees. With a view to ensuring that public servants and employees who are not engaged in the administration of the State (such as workers in public enterprises, municipal employees and employees in decentralized institutions, teachers in the public sector) who are covered by the present Convention benefit from its guarantees, the Committee is addressing the following questions and comments to the Government on certain provisions of the Act:

– Articles 1 and 2. Adequate protection against anti-union discrimination and interference. The Committee notes that section 8(a) of the Act provides that State workers shall not be denied any right or freedom on the grounds of their membership or not of a trade union association. The Committee also notes that section 20(2) of the Act guarantees the employment stability of trade union representatives during their term of office, except in the event of a breach of discipline. The Committee finally notes that section 13 prohibits interference by the State in the organization and administration of trade union associations. Emphasizing that legislative provisions prohibiting anti-union discrimination and interference must be accompanied by rapid and effective procedures and dissuasive sanctions to ensure their effective application in practice, the Committee requests the Government to indicate the machinery and sanctions applicable in the event of acts of anti-union discrimination or interference by a public employer, and the legislative texts referring to such procedures and sanctions.
– Article 4. Promotion of collective bargaining. The Committee notes that, under the terms of sections 36 et seq. of the Act, workers’ organizations may take various forms, each of which benefit from certain prerogatives in relation to collective bargaining. The Committee observes in particular that: (i) trade union committees (with at least ten members) and trade unions (with a membership of at least 5 per cent of the total number of public servants and employees) may conclude collective agreements of limited scope at the level of a specific institution; (ii) provincial federations, national federations and confederations (each with a membership of at least 35 per cent of the workers within their respective area of representation) may sign agreements at the provincial level, in the case of the former, and at the sectoral level for the latter two; and (iii) the confederations referred to previously have the monopoly of collective bargaining at the central level.

The Committee notes that the thresholds of representativity for the establishment of provincial federations, national federations and confederations are particularly high. It also notes that only these types of organizations are permitted to negotiate at the sectoral, provincial and central levels, which often play an important role in the determination of terms and conditions of employment in the public sector, including in the case of public servants and employees who are not engaged in the administration of the State. While recalling that systems which reserve the monopoly of collective bargaining for the most representative unions are compatible with the Convention, the Committee emphasizes that the requirement of a high percentage of representativity to be authorized to bargain collectively may impair the promotion and development of free and voluntary collective bargaining within the meaning of the Convention. In this respect, the Committee requests the Government to take the necessary measures, in consultation with the trade union organizations concerned, to facilitate collective bargaining by public officials and employees who are not engaged in the administration of the State, either by significantly reducing the threshold of representativity required for the establishment of provincial federations, national federations or confederations, or by recognizing the possibility for various trade union organizations to group together provisionally so as to be able to participate jointly in the bargaining process concerning public servants and employees who are not engaged in the administration of the State. Recalling that the Government may have recourse to ILO technical assistance, the Committee requests the Government to provide information on any progress achieved in this regard.

– Article 6. Scope of application of the Act on trade union organization in the public service. With a view to assessing more fully the extent to which the categories of public employees covered by the Act on trade union organization in the public service are also covered by the Convention, and recalling that, under the terms of Article 6, the Convention applies to public servants who are not engaged in the administration of the State, the Committee requests the Government to provide information on the various institutions and bodies covered by section 3 of the Act and to specify in particular the institutions considered as indirect administration of the State.