Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s brief report received in September 2006, which contains no information in reply to its observation of 2005. The Committee once again refers to the comments it has been making for several years on the policy of the “gabonization” of jobs and compliance with the Convention in implementing it, particularly with Article 4. It draws the Government’s attention to the importance of sending regularly up to date and relevant information on the application of the Convention so that the Committee can ascertain how each provision is applied. The Committee hopes that the Government’s next report will at last provide information on the application of the Convention in practice, including examples of recent court decisions, particularly regarding the definition of “real and serious” grounds for termination (Parts IV and V of the report form).

2. Termination on economic grounds authorized by the labour inspector. The Committee notes that any individual or collective termination for economic reasons requires authorization from the labour inspector (section 56 of the Labour Code). The Committee refers to its previous comments on the application of Article 8, paragraph 2, and Article 9, paragraph 3, and requests the Government to indicate whether workers can challenge the labour inspector’s decision to authorize termination on economic grounds in accordance with Article 9, paragraph 3.

3. Time limits for the appeal procedure. The Committee notes that, under section 159 of the Labour Code, pay claims are subject to a time limit of five years. It requests the Government to indicate how, by applying section 159 of the Labour Code, it ensures the right to appeal against unfair dismissal within a reasonable period of time after termination, as required by Article 8, paragraph 3.

[The Government is asked to reply in detail to the present comments in 2008.]