Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes with regret that the Government's report has not been received.

In its previous direct request it noted the observations on the application of the Convention received in September 1993 from the Trade Union Confederation of Gabon (COSYGA), a copy of which this organization had communicated to the Government. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain such comments as might be judged appropriate on the observations of the above-mentioned organization, as well as full information on the matters raised in the Committee's previous direct request, which read as follows:

The Committee notes with interest the Government's first report on the application of the Convention. It would be grateful if the Government would provide additional information on the following points in its next report:

Article 2 of the Convention. The Committee notes that under section 1 of the Labour Code, persons appointed to permanent managerial posts in public departments are not subject to the provisions of the Labour Code. It would be grateful if the Government would provide information on the machinery whereby each Article of the Convention is applied to this category of employees. If those employees are excluded from the application of this Convention under paragraphs 4 to 6 of this Article, please supply the information requested in the report form, indicating in particular the special arrangements which as a whole provide protection that is at least equivalent to the protection afforded under the Convention.

Article 4. The Committee notes the examples provided by the Government of court decisions concerning the definition of "genuine and serious" reasons for terminating employment. Please continue to provide examples of such court decisions. The Committee also notes that certain courts have taken the view that termination on grounds of "Gabonization" of a job, in the absence of any other reason, does not constitute abuse. The Committee refers to its comments under Convention No. 111 and asks the Government to state how account is taken of the provisions of Article 4 of the Convention in the implementation of its policy of the Gabonization of jobs.

Article 5(c). Please provide information on how it is ensured that the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities does not constitute a valid reason for termination.

Article 6, paragraph 1. Please provide information on the manner in which it is ensured that temporary absence from work because of illness or injury does not constitute a valid reason for termination.

Article 7. The Committee notes the information to the effect that certain enterprises have adopted the practice of a prior interview. It asks the Government to indicate the measures taken or under consideration to ensure that all workers are given the opportunity to defend themselves against the allegations made before their employment is terminated.

Article 8, paragraph 2. Please indicate whether there are any specific means of redress for workers protected by the provisions of section 197 of the Labour Code or who lose their jobs by reason of dismissal for economic reasons subject to prior authorization by the administration.

Article 9, paragraph 3. Please indicate whether, in the event of an appeal against dismissal for economic reasons, the labour tribunal is empowered to determine whether the labour inspectorate's decision to authorize the dismissal is valid.

Lastly, the Committee notes from a subsequent report of the Government that a draft Labour Code is being debated in the National Assembly. It hopes that the provisions of the new Code on termination of employment will be in conformity with those of the Convention and asks the Government to keep the Office informed of any developments in this respect.