Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

1. The Committee notes the detailed information provided by the Government in reply to its 2006 direct request and its report received for the period ending June 2007. It notes the legislative amendments introduced in September 2006 to the Labour Law. It notes with interest the data provided on cases reviewed by its courts in 2006–07 and the summary of jurisprudence of the Supreme Court of 2004 concerning reinstatement (Article 10 of the Convention). It particularly notes with interest the Supreme Court decision in case No. SKC‑229 of 19 May 2004, which refers directly to Article 8, paragraph 3, of the Convention. In addition, the Committee notes that a maximum period of temporary incapacity of an employee has not been specified by the national legislation (Article 6, paragraph 2, of the Convention). The Committee welcomes the information provided and would appreciate continuing to receive updated information on the manner in which effect is given in practice to each provision of the Convention (Parts IV and V of the report form). Please also provide information on the following points.

2. Article 2, paragraphs 2 and 3. Adequate safeguards in case of recourse to contracts of employment for a specified period. The Committee notes that Part One of section 45 of the Labour Law has been amended providing that the term for an employment contract entered into for a specified period may not exceed three years (previously the maximum period was two years). It requests the Government to provide information on the manner in which the protection provided by the Convention is ensured to workers who have concluded an employment contract for a specified period, indicating the number of workers affected by these measures.

3. Article 5(c). Invalid reason for termination. In reply to previous comments, the Government indicates that, in addition to section 94 of the Labour Law, protection of the employee when informing competent authorities of suspected offences and violations in the workplace is provided by Part One of section 9 of the Labour Law, as amended in September 2006. The Committee would appreciate receiving further information on the manner in which Part One of section 9 of the Labour Law is applied in practice.