Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Legislative developments. The Committee notes Act No. 439 of 2006 to amend the Employment Protection Act (No. 80 of 1982). According to section 11 of this Act, in cases where an employer dismisses staff because of a lack of work, employees on parental leave at the time of such dismissals may not be given notice of termination during their leave period, but only upon returning from leave. In addition, the Committee notes with interest Act No. 442 of 2006 to amend the Parental Leave Act (No. 584 of 1995). It notes in particular section 16, which prohibits the unfair treatment of employees or job applicants for reasons connected with parental leave, including with regard to working conditions, wage setting or work supervision. The Committee also notes that under section 17, a worker cannot be dismissed for exercising his or her rights to parental leave under the Act. Should a dispute arise relating to unfair treatment as prohibited by the Act, the Equal Opportunities Ombudsman (EOO) may now bring an action before the Labour Court on behalf of an individual employee or job applicant. The Committee welcomes these developments and asks the Government to provide information on the practical application of these new legislative provisions including cases brought by the EOO before the Labour Court, and on their outcomes.

The Committee is raising other points in a request addressed directly to the Government.