Freedom of Association
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Freedom of Association
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Freedom of Association
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LRI 2024
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Guinea

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Guinea’s overall score is 82.5 out of 100. The overall score for Guinea is greater than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Guinea ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1959 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1959.

Labour Rights Index 2024

82.5/100

LRI Country Score

75/100

Freedom of Association Indicator

. %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

0.67

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§20 of the Constitution of Guinea, 2010: §323.5 of the Labour Code of Guinea, 2014

A,D

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§20, Constitution 2010; §410-423 & 515, Labour Code 2014; Organic Law N° 91/04/CTRN, 1991

Does the law provide for the right to strike?

No

0

§433 & 434 Labour Code of Guinea, 2014; USDOS CRHRP 2023 (Guinea); CEACR C87 Obs. 2023

B,D

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§151.2 & 431.8 of the Labour Code of Guinea, 2014

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §20 of the Constitution of Guinea, 2010: §323.5 of the Labour Code of Guinea, 2014

A : National Law

National Labour Legislation

"Article 323.5: To be recognized as representative, a union or group of unions must have filed its statutes for at least six months, be independent of employers, employer organizations, political parties and religious organizations, and have a sufficient audience in its geographic and professional sector. Within the framework of the establishment or company, a union must have obtained at least twenty percent of the votes validly cast in the elections of union delegates for its audience to be considered sufficient with regard to representativeness. In a broader, geographic or professional framework, a union or group of unions is considered to have a sufficient audience when it is representative in several companies employing together at least twenty percent of the employees working in the geographic and professional sector in question."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law required unions obtain the support of 20 percent of the workforce to represent them. The law placed restrictions on the free exercise of these rights. "

Information

Source: §20, Constitution 2010; §410-423 & 515, Labour Code 2014; Organic Law N° 91/04/CTRN, 1991

Information

Source: §433 & 434 Labour Code of Guinea, 2014; USDOS CRHRP 2023 (Guinea); CEACR C87 Obs. 2023

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 3 of the Convention. Right of organizations to organize their activities and to formulate their programmes..... In its previous comment, the Committee welcomed the establishment of the commission to review the Labour Code and hoped that sections 431.5 and 434.4 of the Labour Code, on minimum service in case of strikes and compulsory arbitration respectively, would be amended in conformity with the Convention. The Committee notes the Government’s indication that the amendment process of the Labour Code is under way, in consultation with the social partners, and that the next step is to establish a commission which will be responsible for bringing together the different observations made regarding the inadequacies, shortcomings, legal gaps and desired rectifications in certain articles of the Labour Code. On completion of that task, a “sharing” workshop will be organized, at the latest in the month of November 2022. The Committee notes that the Government indicates that it has requested ILO technical assistance in this regard. The Committee requests the Government to report on all progress made in this respect and encourages the Government to continue to avail itself of the technical assistance of the Office in this connection."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The Office of the Inspector General of Labor within the Ministry of Labor managed consensus arbitration, as required by law. An arbitration procedure could be implemented at any time, either at the request of one of the parties to the dispute, or at the request of the minister of labor, particularly if the dispute concerns “essential services.”"

Information

Source: §151.2 & 431.8 of the Labour Code of Guinea, 2014