Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's reports for the periods ending June 1988 and June 1989, respectively, which contain information including decisions by the Labour Court supplied in reply to the previous direct request. It asks the Government to provide further information on the following points:

Article 2, paragraphs 4 to 6, of the Convention. Referring to its previous comments, the Committee notes the judgements of the Labour Court (cases AD 1979 No. 146 and AD 1979 No. 154) confirming that workers holding managerial positions are excluded from the application of the Protection of Employment Act, 1982 (LAS). Please specify whether these workers are considered to be excluded from the application of the Convention, and if so, please provide the information requested in the report form.

The Committee also notes that workers engaged in work in the employer's household, also excluded from the application of the LAS, come under the Domestic Employment (Working Hours, etc.) Act, 1970, which contains some provisions on termination of employment (section 12). Please provide information, as to the practice regarding domestic employees, in particular on the justification of termination and on the procedure of appeal against termination.

The Committee further notes that "state-granted positions" are subject to special provisions set out in the Public Employment Act (1976: 600). However, the text of the Act available for the Committee does not correspond to the Government's explanation of Chapter 7, sections 2(2) and 9. Please provide an updated copy of the Act as well as information on the practical application of these provisions.

Points IV and V of the report form. The Committee would be grateful if the Government would continue to supply, in its future reports, information regarding the practical application of the Convention, with special reference to the following provisions: Articles 4, 5, 6 and 11 (what are and what are not regarded as valid reasons for dismissal with notice or summary dismissal), and Article 13 (especially the provision by employers to workers' representatives in good time of relevant information concerning terminations for reasons of an economic, technological, structural or similar nature).