Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

I. The Committee recalls that, because of the representation made under article 24 of the ILO Constitution by a number of workers' organizations in June 1996, the Committee suspended its comments on the application of Convention No. 158. The Committee notes that in March 1997, the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation in question (GB.267/16/1, November 1996). The Committee notes that the tripartite committee decided that the non-observance of obligations arising from Articles 10 and 12 of Convention No. 158 did not require any specific action on the part of the Government, but requested action to ensure that the subsidies prescribed by the Organic Labour Act were protected in the manner provided in the Protection of Wages Convention, 1949 (No. 95). The Committee refers to its observation in 1998 concerning Convention No. 95 in which it noted with satisfaction that the Organic Labour Act had been amended in the manner requested by the tripartite committee.

II. The Committee notes that the Government's report only addresses the reform of section 125 of the Organic Labour Act. The Committee therefore again refers to its direct request of December 1995 and requests the Government in its next report to provide the information requested in the report form on each of the Articles of Convention No. 158, in particular on the following points.

1. Article 2, paragraphs 2-6. The Government is asked to indicate whether safeguards have been provided against recourse to contracts of employment for a specified period of time the aim of which is to avoid the protection resulting from this Convention, particularly in relation to those categories of workers who appear to be excluded from the provisions of the Convention, such as temporary, casual or domestic workers (section 112 of the Organic Labour Act); please also indicate any changes in the extent to which effect is given or is proposed to be given to the Convention in respect of the excluded categories.

2. Article 7. In reply to earlier comments, the Government indicated that, under the terms of section 116 of the Organic Labour Act, an employment relationship is deemed to be terminated at the moment when the worker is dismissed. The Committee again requests the Government to indicate the manner in which effect has been given, in legislation and in practice, to this Article of the Convention, which stipulates that "the employment of a worker shall not be terminated for reasons related to the worker's conduct or performance before he is provided an opportunity to defend himself against the allegations made, unless the employer cannot reasonably be expected to provide this opportunity" (emphasis added).

3. Article 13, paragraph 1(a) and (b). In its previous comments, the Committee referred to the invitation of the tripartite committee set up to examine the representation made under article 24 of the Constitution by two employers' organizations, alleging non-observance of Convention No. 158 among others (document GB.256/15/16, May 1993). On that occasion, the Government was invited to provide information on the manner in which the provisions of Article 13, paragraph 1, of the Convention are applied, indicating 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 observed that section 34 of the Organic Labour Act did not appear to be sufficient to meet the requirements of these provisions of the Convention. Consequently, the Committee trusts that the Government will be able to provide the information on Article 13 requested in the report form.

4. Article 14, paragraph 3. Please indicate whether national legislation provides for a minimum period of notice to the competent authority, as required by this provision of the Convention.

5. Part V of the report form. Please provide general information on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the appeal bodies and on the number of terminations carried out for economic or similar reasons. Please indicate any practical difficulties that may have impeded the application of the Convention.