Angola

"Article 4. Measures to promote collective bargaining. Compulsory arbitration. The Committee recalls that for several years it has been requesting the Government to take the necessary measures to amend sections 20 and 28 of Act No. 20-A/92 on the right to collective bargaining, which impose compulsory arbitration in terms contrary to the indications of the Committee. In its previous comments, the Committee noted that section 273(2) of the General Labour Act No. 7/2015 establishes that collective labour disputes shall be resolved through mediation, conciliation and voluntary arbitration, without prejudice to specific legislation, and further noted that section 293 establishes that collective labour disputes shall be settled preferably through voluntary arbitration. Given that the General Labour Act of 2015 repeals any contrary provision, the Committee requested the Government to indicate whether sections 20 and 28 of Act No. 20 A/92, which impose compulsory arbitration on an array of non-essential services, had been repealed or whether these sections remained in force. The Committee notes that the Government indicates that there is indeed a contradiction between the two above-mentioned items of legislation and that the contradiction should be resolved when Act No. 20-A/92 is revised. Recalling that compulsory arbitration in the context of collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and in the event of an acute national crisis, the Committee expects that sections 20 and 28 of Act No. 20-A/92 will be amended rapidly and requests the Government to provide information on any progress achieved in this regard."

"The CEACR urged the Government to "amend section 10 of the Strikes Act, which provides that a strike may be declared only if two-thirds of the workers present and also urges to amend section 20(3) of the Strikes Act, which allows workers to be requisitioned in the event of a strike in (a) the postal services; (b) fuel supply; (c) public transport; and (d) the loading and unloading of foodstuffs, since these are not essential services in the strict sense of the term (that is, services the interruption of which would endanger the lives, personal safety or health of the whole or part of the population). The Committee recalls that, although employers may require compliance with minimum services, which are determined with the participation of workers’ organizations, requisitioning by a decision of the administrative authorities should only be possible in the following circumstances: (i) in the public service, only for public servants exercising authority on behalf of the State; (ii) in essential services in the strict sense of the term, namely, services the interruption of which would endanger the lives, personal safety or health of the whole or part of the population; and (iii) in an acute national crisis. "