CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sao Tome and Principe (RATIFICATION: 1992)

Other comments on C087

Observation

Direct Request

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Article 3. Right of organizations to freely elect representatives, organize activities and formulate their programmes. Recalling that the following questions have been included in its comments for several years, the Committee urgently requests the Government to take the steps necessary to modify the Labour Code and Act No. 4-2002 on civil requisition:

the two-thirds majority required for calling a strike is too high (Section 422 of the Labour Code);
with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (Section 428(4) of the Labour Code);
compulsory arbitration for services which are not essential in the strict sense (postal, banking and loan services) (Section 429 of the Labour Code); and
requisition of workers in cases of strikes is allowed in non-essential services while it should only be possible in the essential services in the strict sense of the term (Section 2(1) of Act No. 4-2002 on civil requisition, which provides that “in enterprises or establishments providing for essential social needs, during a strike, workers shall maintain the minimum service indispensable to fulfilling these needs”).

The Committee notes that the Government, in its report, indicates its intention to revise Act No. 6/2019 (the Labour Code) in the course of 2023, as it no longer meets the country’s most important requirements in several respects, and that it envisages establishing a commission to undertake this revision, which will certainly request ILO technical assistance to improve and bring the Act into line with the principles of ratified Conventions. The Committee firmly hopes that the Labour Code and Act No. 4-2002, will shortly be revised in consultation with the social partners to give full effect to the provisions of the Convention on the above points. It requests the Government to report on any progress made in this regard and to communicate a copy of all amendments adopted to the legislation.