Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report as well as its reply to the comments sent by the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), of 10 August 2006 according to which the Government is the most important employer in the country and as such fixes wages unilaterally through the Ministry of Labour, Public Administrations and Social Security. The Committee notes the Government’s indication that social partners take part in the National Council for Social Dialogue, within which a tripartite technical group on minimum wage fixing was created. Moreover, the social partners also participate in the National Council for Social Security, the National Committee for the ILO and the National Committee for Employment and Professional Training, as well as in the discussions concerning the drafting of any new labour legislation.

The Committee also notes the comments sent by the National Union of Angolan Workers-Trade Union Confederation (UNTA-CS) on the application of the Convention.

Referring to its previous comments, the Committee recalls that it had requested the Government to:

–           amend sections 20 and 28 of Act No. 20-A/92 on the right of collective bargaining which provide that collective labour disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security after the parties have been heard, taking into account that the list of public utility activities (section 1.3) is broader than the concept of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee notes that the Government indicates that the National Tripartite Commission for the ILO elaborated drafts modifying Trade Union Act No. 21-C/92, Strike Act No. 23/91 and Collective Bargaining Act of No. 20-A/92 which are before the competent authorities for approval. The Committee recalls once again that, in general, arbitration imposed at the initiative of the authorities is admissible only in essential services or for the purpose of concluding a first collective agreement when the trade union so requests. The Committee expresses the firm hope that the National Assembly will soon approve the new draft legislation which will be in full conformity with the provisions of the Convention. The Committee requests the Government to keep it informed on this subject;

–           indicate whether the legislation guarantees the right to collective bargaining of public employees who are not engaged in the administration of the State and, if so, to indicate the relevant provisions. The Committee also requested the Government to specify which public services are not organized in the form of an enterprise whose employees, according to the terms of section 2 of Act No. 20-A/92, are not covered by the Act. The Committee observes with regret once again that the Government’s report contains no indication thereupon and requests the Government to provide it with this information.