Solicitud directa (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

The Committee notes the information contained in the Government’s report for the period from 1 July 1993 to 31 May 1999, in particular that a new Labour Relations Act is in its second reading in the National Assembly and that a copy of the new Act will be forwarded once it has been adopted. The Committee also notes with interest the Guarantee and Maintenance Fund, established in 1997, which covers the financial obligations of employers to their workers when they become insolvent, including redundancy payments.

Article 9, paragraph 2, of the Convention.  Further to previous comments, the Government explains that section 7, paragraph 1, of the Civil Procedure Act of 1999, which governs appeals from dismissals, places the burden of proof largely on the plaintiff, i.e. the worker. In the Government’s view, this burden is somewhat mitigated by paragraph 2 of section 7 of the Act, which allows the court to take notice of facts not presented by the parties. Furthermore, section 36h, paragraph 2, of the draft Labour Relations Act, provides that the burden of proof is on the employer in all cases of procedure. Please clarify whether appeals based not on flawed procedure but on whether the alleged grounds for termination were true or valid would also place the burden of proof on the employer or otherwise guarantee that the worker does not bear the burden of proof alone. If not, the Committee urges the Government to include the necessary provisions to this effect in the draft Labour Relations Act.

Article 10.  The Committee notes the information provided by the Government in response to previous comments. It requests statistics on the specific remedies awarded by the courts.