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

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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.

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The Committee notes the Government’s report.

The Committee notes the text, sent by the Government, of Order No. 147/MTEFP/SG/DGTMOE of 26 April 2001 to establish staff delegates. In addition, the Committee observes that, although the Government mentions in its report Constitutional Court Decision No. 10/CC of 29 June 2001, this decision has not been received. The Committee therefore requests the Government to send a copy of the decision and the text of the decree instituting standing committees for economic and social cooperation and regulating their operation, as soon as it has been adopted.

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The Committee takes note of the Government’s report.

The Committee requests the Government to send the texts of Order No. 147/MTEFP/SG/DGTMOE of 26 April 2001 to institute staff delegates and of Constitutional Court Decision No. 10/CC of 29 June 2001. The Committee also requests the Government to send, as soon as it has been adopted, the text of the decree to institute standing committees for economic and social cooperation and to regulate their operation.

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The Committee notes with regret that the Government's report has not been received.

The Committee notes the communications of the Confederation of Gabonese Free Trade Unions (CGSL) and the Federation of Energy, Mines and Allied Enterprises (FLEEMA) concerning the application of the Convention. The Committee regrets that the Government has not provided its comments in this respect. With respect to the allegations concerning the refusal of the Dragage enterprise to allow the trade unionists of FLEEMA to enter the closed off construction sites in order to make contact with the workers, the Committee requests the Government to inform it of the measures that it has taken to permit trade unionists of FLEEMA to communicate with the workers of Dragage.

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The Committee notes the communication from the Confederation of Gabonese Free Trade Unions (CGSL) dated 20 May 1998 in regard to the application of the Convention. The Committee requests the Government to provide its comments in this respect in its next report.

[The Government is asked to report in detail in 1999.]