Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Referring to its observation and earlier requests, the Committee would be grateful if the Government in its next report would provide additional information on the following points.

Article 4 of the Convention. The Committee recalls its concern that the policy of "Gabonization" of jobs should be implemented in compliance with Article 4 of the Convention, which stipulates that there should be a valid reason for termination of employment connected with the capacity or conduct of the worker, or based on the operational requirements of the undertaking, establishment or service. It notes in this regard that the Supreme Court in its ruling of 27 June 1983 stated that Gabonization of a post did not constitute a valid reason for the premature termination of a fixed-term contract. The Committee also notes that under the terms of the Labour Code, which, as the Government confirms in its report, applies without distinction to Gabon nationals and to foreigners, employment can only be terminated for a valid reason connected with the capacity or conduct of the worker concerned, or for economic reasons. In this context, the Committee trusts that the Government will ensure that, in the absence of any other valid reason for dismissal, Gabonization of a post may not be cited as a valid reason for termination.

Article 8, paragraph 2. The Committee notes with interest the provisions of sections 296-298 of the Labour Code which stipulate that a decision by a labour inspector to authorize termination of employment of a staff representative may be appealed against under an administrative dispute procedure. The Government is asked to indicate whether such an appeal is also possible against a decision by a labour inspector to authorize individual or collective terminations for economic reasons.

Article 9, paragraph 3. The Government is asked to indicate whether the labour tribunal is empowered to examine the reasons for any decision by a labour inspector to authorize individual or collective terminations for economic reasons.