Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Parts IV and V of the report form. The Committee notes the Government’s report received in December 2008 in reply to its previous observations, as well as the labour court decisions attached. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the statistics available on the activities of appeal bodies, examples of recent court decisions and more specifically, concerning the definition of real and serious grounds for termination.

Articles 8, paragraph 2, and 9, paragraph 3, of the Convention. Termination on economic grounds authorized by the labour inspectorate. The Government indicates that labour inspectors are public employees and that their decisions may be challenged. If a party feels aggrieved by a decision made by a labour inspector, the party may request the intervention of the supervisor and, as a last resort, file an appeal with the administrative courts. The Committee notes decisions rendered by the Labour Chamber of the Court of First Instance of Libreville, indicating that the authorization to terminate given by the labour inspectorate on economic grounds may be set aside by the labour court if it deems the termination to be irregular and wrongful. The Committee requests the Government to continue to provide examples of court decisions concerning workers dismissed on economic grounds.