CMNT_TITLE

Termination of Employment Convention, 1982 (No. 158) - Lesotho (RATIFICATION: 2001)

Other comments on C158

Observation

Direct Request

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Article 2(1) and (2) of the Convention. Scope of application. The Committee notes the Government’s indication that the Labour Law is still under revision. In response to the Committee’s previous request, the Government adds that, when the new Labour Law is adopted, it will afford retired and probationary employees full protection as provided by the Convention. The Committee requests the Government to keep the Committee informed of progress in the review and adoption of the revised Labour Code, and to provide a copy once it is available.

Article 2(2) and (3). Adequate safeguards in case of recourse to contracts of employment for a specified period. The Committee notes the Government’s reference to a document entitled “Termination decisions”, which it indicates contains relevant court decisions. As this document has not been received by the Office, the Committee requests the Government to transmit a copy of this attachment. It further requests that the Government to continue to provide copies of relevant judicial decisions with respect to the use of fixed-term employment contracts.

Application of the Convention in practice.Noting that the Government has not yet provided any information in this regard, the Committee reiterates its request that the Government provide information on the manner in which the Convention is applied in practice, including, for example, copies of court rulings concerning questions of principles relating to the application of the Convention or summaries of the important court rulings and available statistics on the activities of the bodies of appeal (such as the number of appeals, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided upon) and on the number of terminations for economic or similar reasons in the country.