Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the Government's first report and the information provided regarding the provisions of law that give effect to the Convention. It would be grateful if in its second report the Government would provide additional information on the following points.

Article 2, paragraphs 4 and 6, of the Convention. The Committee notes that public sector employees are excluded from the application of the Convention in that they are governed not by the Labour Code but by special conditions of employment established in regulations or laws. It asks the Government to state how, as a whole, the special terms and conditions of employment of these workers provide them with protection that is at least equivalent to the protection afforded under the Convention.

Article 4. The Government indicates that effect is given to this Article of the Convention by section L.122-14-3 of the Labour Code which provides that the judge shall ascertain the "genuine and serious" nature of the reasons for termination relied on by the employer. The Committee would be grateful if the Government would indicate the types of reasons for termination which the courts regards as "genuine and serious", whether they are connected with the capacity or conduct of the worker himself or are economic in nature. Please indicate to what extent court decisions have set precedents and provide examples of such decisions.

Article 5(c). The Government refers to section L.123-5 of the Labour Code under which any dismissal of an employee following legal proceedings brought by or on behalf of the employee on the basis of the provisions of the Labour Code concerning equality in occupation for men and women, shall be declared invalid. The Committee would like to know whether there are any other provisions which ensure that the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws and regulations or recourse to competent administative authorities do not constitute valid reasons for termination and if there are, please supply the text of such provisions.

Article 6, paragraph 1. The Committee notes that under section L.122-32-2 of the Labour Code an employer may not dismiss a worker while he is absent from work owing to an occupational accident or illness. The Committee would like to know whether there are any provisions which ensure that temporary absence from work because of illness or injury does not constitute a valid reason for termination and if there are, please supply the text of such provisions.

Article 6, paragraph 2. Please state whether there are any limitations to the application of paragraph 1, for example in the event of prolonged or repeated absence.

Article 8, paragraph 2. Please state whether the workers protected have access to specific means of redress where termination is subject to authorization by a competent authority.

Article 9, paragraph 3. Please specify the scope of the supervision exercised by the courts in respect of economic reasons for dismissal relied on by the employer and provide examples of relevant court decisions.

Point IV of the report form. Please supplement the information in regard to the provisions of the legislation with particulars of court decisions on questions of principle relating to the application of the Convention.

Point V of the report form. Please provide information on the practical application of the Convention including all available statistics on the activities of the courts and the number of dismissals for economic reasons. Please also provide other statistics as requested in the report form. Lastly, please indicate any practical difficulties encountered in the application of the Convention.