Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report, particularly in response to the previous comments pertaining to Article 7. The Committee would appreciate receiving further information on the following points.

Article 2 of the Convention.  Further to previous comments, the Committee notes the Government’s statement that the Ordinance on employment of domestic workers has not yet been issued. Nonetheless, in practice many of the rights contained in the Labour Code are extended to domestic workers, including the right to seek mediation or arbitration in the case of a labour dispute. The Committee would appreciate continuing to receive information on progress made in ensuring that domestic workers are protected from arbitrary dismissal.

Article 11.  The Government refers to "essential obligations" in its report, which it explains as the agreement between the employer and worker that determines the conditions of work. The Committee notes this information and requests further clarification on whether a breach of this agreement would constitute serious misconduct.

Article 13.  In previous comments the Committee had noted that no provisions exist to ensure that employers consult with the representatives of the workers affected by terminations related to the operational needs of the enterprise. In reply, the Government states that it will take the Committee’s comments into account when amending the Labour Code, to include a requirement to consult. The Committee encourages the Government to amend the Labour Code in the near future to give effect to this important provision of the Convention.

Parts IV and V of the report form.  The Committee requests further information on the outcomes of any arbitration decisions relating to termination of employment. It would also appreciate receiving statistics on the number of terminations carried out, and for what reasons.