CMNT_TITLE

Workers' Representatives Convention, 1971 (No. 135) - Gabon (RATIFICATION: 1975)

Other comments on C135

Observation

Direct Request

2023
2004
2002

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Article 1 of the Convention. Adequate protection of workers’ representatives against acts of discrimination related to their representative functions. The Committee notes that, according to the Government, Act No. 22/2021 of 19 November 2021 issuing the Labour Code has strengthened the protection of workers’ representatives. The Committee notes with interest that, under section 330 of the Labour Code, staff delegates may not be dismissed without the prior authorization of the labour inspector and that any dismissal without such authorization is null and void. The Committee also notes that the Labour Code: (i) provides that trade union delegates benefit from the same protection as staff delegates against anti-union acts of discrimination (section 334 of the Labour Code); and (ii) contains provisions that prohibit in general any act of anti-union discrimination (sections 9 and 304) without, however, specifying the penalties applicable in this regard. In the light of the foregoing and recalling the importance of adequate protection of workers’ representatives in undertakings, whether staff delegates or trade union delegates, against all acts of discrimination related to their representative functions (for example, relocation, demotion, delays in promotion and so forth), the Committee requests the Government to specify: (i) whether, under section 334 of the Labour Code, dismissal of trade union delegates is also subject to the procedure set forth by section 330 of the Labour Code; and (ii) the penalties that are applicable for acts of discrimination other than dismissal which could affect staff delegates and trade union delegates because of their representative functions.

Article 2. Facilities granted to the undertaking. The Committee notes that staff delegates receive 15 hours for representation (15 hours per month maximum), which are considered working hours for the performance of their duties and remunerated as such (section 332 of the Labour Code) and that collective agreements can supplement these provisions (section 333). The Committee requests the Government to provide, in its next report, information on the facilities provided for within the framework of collective agreements and, where relevant, to communicate a copy of these agreements.