Trade union rights in law
Although the new Constitution adopted on 21 January 2010, guarantees fundamental trade union rights, they are excessively restricted. The procedures to set up a trade union are long and cumbersome and the law stipulates that grassroots organisations must include at least 30% of the workers in their activity sector. Collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is limited in the public service as the law stipulates that collective disputes can be resolved through obligatory arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
by the Labour Ministry.
Although the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is recognised, an excessively high quorum must be obtained when holding a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
ballot. The list of categories of workers excluded from the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
also exceeds the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
’s definition of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
”. Furthermore the law stipulates that the Council of Ministers is entitled to suspend the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
when a “situation threatens the peace or is a public nuisance”. The requisitioning of workers in the postal services, the fuel industry, public transport and the food industry is also permitted. Anti-trade union discrimination is forbidden but the law does not contain any effective measures to prevent employers from taking retaliatory action against the strikers.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is regulated by a Labour Code.
The new Constitution of the Republic of Angola, adopted by the Constituent Assembly on 21 January 2010, enshrines the right to freedom of association and to collective bargaining. The National Tripartite Commission has also drafted some proposals for modifying the laws on trade unions, strikes and collective bargaining.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- Government approval is required to form and join trade unions.
- >Excessive representativity or minimum number of members required for the establishment of a union
- The law stipulates that grass-roots organisations must include a minimum of 30% of workers from the activity sector at provincial level.
- >Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- The procedures for forming and joining trade unions are long and cumbersome.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Police
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law but strictly regulated.
- >The right to collective bargaining is enshrined in the Constitution.
The National Tripartite Commission has drafted proposals for modifying the laws on trade unions, strikes and collective bargaining, but these drafts have not been adopted so far.
Restrictions
Limitations or ban on collective bargaining in certain sectors:
- >Other civil servants and public employees
- Collective bargaining is banned in the civil service.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised in the Labour Law.
- >The right to strike is enshrined in the Constitution.
A revision of the Strike Act started in February 2006 and trade unions called for genuine tripartite consultation to ensure it complied fully with international labour standards. The National Tripartite Commission has drafted proposals for modifying the laws on trade unions, strikes and collective bargaining, but these have not been adopted so far.
Restrictions
Legal barriers to lawful strike actions:
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- When holding a strike ballot the quorum to be attained (two-thirds of the votes) is too high.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The law provides for the suspension of the right to strike by a decision of the Council of Ministers in the event of \"situations threatening the peace or in the event of public disaster”.
- >Forcible requisitioning of workers strikers (apart from cases in public essential services)
- The law provides for the requisitioning of workers in the postal services, fuel supply, public transport, and the loading and unloading of foodstuffs.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Absence of specific protection for workers involved in lawful strike actions (e.g. against dismissal)
- The law does not contain any effective measures to prohibit employer retribution against strikers.
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- The law prohibits strikes by the armed forces, police, prison workers and fire fighters.
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The list of essential services is too long and includes, for instance, the transport sector, communications, waste management and treatment, and fuel distribution.
