Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Angola (Ratification: 1976)

Other comments on C098

Observation

Direct Request

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Previous observation

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous observation the Committee urged the Government to provide its comments regarding the observations made by the National Trade Union of Teachers (SINPROF) and Education International (EI), received on 1 September 2017, alleging the existence of anti-union reprisals by the Government in several province of the country. The Committee notes with regret that the Government has still provided no reply in this regard. The Committee therefore urges the Government to ensure that action has been taken to fully address, in accordance with the Convention, the concerns raised by the SINPROF and EI and to provide information in this respect.

Article 4. Measures to promote collective bargaining. Compulsory arbitration. In its previous comments, the Committee noted the indication of the Government that there was a contradiction between sections 20 and 28 of Act No. 20-A/92 on collective bargaining which impose compulsory arbitration on an array of non-essential services and the General Labour Act of 2015, and that the two mentioned provisions of Act No. 20-A/92 would be amended. The Committee notes that the government reiterates the statements contained in its previous report. Recalling that compulsory arbitration in the context of collective bargaining is only acceptable in a very limited set of situations(General Survey of 2012, paragraph 247),the Committee requests the Government to take without delay the necessary action to amend sections 20 and 28 of Act No. 20-A/92 so as to put the legislation in conformity with the Convention.The Committee requests the Government to provide information in this respect.

Article 4 and 6. Collective bargaining of public servants not engaged in the administration of the State. The Committee notes that the Government indicates that: (i) the right to collective bargaining of public servants not engaged in the administration of the State is protected under Act No. 20-A/92 and the General Labour Act of 2015; (ii) the National Assembly is in the process of approving the Act on Strike, Trade Union and the Right to Collective Bargaining, whose provisions are more specific with respect to the content of the Convention; and (iii) the text of the Act will be submitted with the Government’s next report. The Committee takes due note of these elements while observing that the Government has not provided information about how collective bargaining would take place in practice in the public sector. It recalls that in its previous comments, it noted that the only public employees covered by the General Labour Act and Act No. 20-A/92 were those in public enterprises. The Committee recalls in this respect that the public servants not engaged in the administration of the State mentioned by Article 6 of the Convention are not confined to workers of public enterprises, but also cover, for instance, employees in municipal services, public sector teachers or public sector health workers. In the context of the adoption of the Act on Strike, Trade Union and the Right to Collective Bargaining and the revision of Act No. 20-A/92, the Committee therefore requests the Government to take all the necessary measures to ensure that all categories of public servants not engaged in the administration of the State are granted the right to bargain collectively. The Committee requests the Government to provide information in this respect.

The Committee requests the Government to provide information on any proposed legislative reforms relating to the Convention and reminds it, in this context, of the possibility to avail itself of the technical assistance of the Office.

The Committee is raising other points in a request addressed directly to the Government.