Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

1. Article 2, paragraphs 2 to 6, of the Convention. The Committee would be grateful if the Government would continue providing information on the situation in law and practice with regard to the categories that are excluded and if it would indicate any changes relating to the extent to which the Convention is applied, or it is envisaged to apply the Convention to the categories excluded by section 112 of the Organic Labour Act.

2. Article 7. The Committee notes the information provided by the Government, but points out that it does not show compliance with the Convention as the measures referred to apply after dismissal. According to the above provision of the Convention, the employment of a worker shall not be terminated for reasons related to the worker’s conduct or performance before he or she is provided with an opportunity to defend himself or herself against the allegations made, unless the employer cannot reasonably be expected to provide this opportunity. The Committee requests the Government to bring its law and practice into conformity with the Convention and to provide information on the measures which have been adopted or are envisaged in this respect.

3. Article 14, paragraph 3. With reference to its previous comment, the Committee notes that, under the terms of section 43 of the regulations issued under the Organic Labour Act, as amended in January 1999, workers excluded from the system of employment stability in accordance with section 112 of the Organic Labour Act, and who are affected by dismissals for economic or technological reasons, are entitled to prior notice in accordance with the time limits set out in section 104 of the Organic Labour Act. Where employers omit to give notice, they are under an obligation to pay the workers an amount equal to the wages for the corresponding period and counts it for seniority purposes, for all legal effects.

4. Part V of the report form. The Committee requests the Government to provide in its next report the available statistics on the activities of appeal bodies (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons.

5. Article 13, paragraph 1(a) and (b). Noting that the Government’s report does not provide the information requested in its previous comments concerning the application of this Article of the Convention, the Committee reiterates its request, which read as follows:

The Committee notes that the Government endorses the contents of section 34 of the Organic Labour Act, which has to be complied with by employers. The Committee recalls the request made by the Tripartite Committee set up to examine the representation made in July 1991 by two employers’ organizations under article 24 of the Constitution, alleging non-observance of Convention No. 158, among other Conventions (GB.256/15/16, of May 1993). On that occasion, the Government was invited to provide information on the manner in which the provisions of Article 13, paragraph 1, are applied, with an indication of the manner in which representatives of the workers concerned are consulted, with special reference to the information which the employer is required to provide and the methods and objectives of the consultation. The Committee also noted that section 34 of the Organic Labour Act did not appear to be sufficient to meet the requirements of these provisions of the Convention. The Committee would therefore be grateful if the Government would provide the information required by the report form for the Convention with regard to Article 13.

6. In its report, the Government also refers to the need to adapt legal norms to the reality of the current situation where lacuna still exist. The Committee trusts that the Government will take into consideration the pending comments on the application of this Convention in reforming legislation through social dialogue.