CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cabo Verde (RATIFICATION: 1999)

Other comments on C087

Direct Request

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The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature. The Committee notes that the Government’s report has not been received. It notes, however, the adoption of Legislative Decree No. 1/2016 of 3 February 2016, amending the Labour Code, which takes into consideration certain issues raised by the Committee.

Article 3 of the Convention. Minimum services in the event of a strike. In its previous comments, the Committee asked the Government to take steps to amend section 123 of the Labour Code, which provided that, in the event of disagreement between the parties as to the determination of minimum services, the Government would establish the minimum services. The Committee recalled that any disagreement between the parties about the minimum services to be provided during a strike should be settled by an independent body. The Committee notes with interest that under section 123 of the amended Labour Code, the determination of minimum services during a strike will henceforth be carried out by an independent tripartite committee, composed of a workers’, employers’ and Government representative, and of two other members who they shall appoint by joint agreement. The Committee notes, however, that this development is without prejudice to the provisions of section 127, which provides that, in the event of a breach of the provisions on minimum services, the Government shall order civil requisitioning. While welcoming the reference to an independent tripartite body for the determination of minimum services during a strike, the Committee requests the Government to take the necessary measures to restrict recourse to civil requisitioning to the following cases: (i) in the public service for public servants who exercise authority in the name of the State; (ii) in essential services in the strict sense of the term; or (iii) in the event of an acute national or local crisis.

Majority required to call a strike. In its previous comments, the Committee requested the Government to take the necessary measures with a view to amending section 114(2) of the Labour Code, which provides that, in enterprises in which the workers are not represented by a union, a strike may be decided upon by the assembly of workers. Such an assembly shall be convened by 20 per cent of the workers, but a decision to call a strike is valid only if the majority of the workers are present in the assembly and when the majority of the workers present have voted for the strike. Noting that this provision has not been amended, the Committee recalls that, although the requirement of prior approval by a certain percentage of workers does not, in principle, raise problems of compatibility with the Convention, the ballot method, the quorum and the majority required should not be such that the exercise of the right to strike becomes unduly difficult in practice. Considering that the requirement for a majority of the workers present in the assembly may be unduly difficult to achieve, the Committee once again requests the Government to take the necessary measures to amend section 114(2) to ensure that, where a vote is held for the purpose of deciding on a strike, only the votes cast are counted.