Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2004 direct request, which read as follows:

1. The Committee notes the information provided by the Government in its first report on the application of the Convention. It notes, in particular, the Labour Code Order, No. 24 of 1992, as well as the newly adopted Labour Code (Codes of Good Practice) Notice, 2003. It would be grateful if the Government would supply additional information in its next report on the following points.

2. Article 2, paragraph 2, of the Convention. Safeguards. Please provide copies of any additional legislation or relevant case law which indicates that adequate safeguards are provided against recourse to contracts of employment for a specified period of time which are aimed at avoiding the protection resulting from the Convention, and specifically to clarify the position in law and in practice with respect to trainees and apprentices.

3. Article 2, paragraphs 4 and 6. The Committee notes that the Labour Code excludes from its scope members of the armed forces, the police force and “any other disciplined force within the meaning of Chapter II of the Lesotho Independence Order of 1966” (Section 2(2)(a)). It further notes that other public servants have also been excluded by the Labour Court (Exemption Order) No. 22 of 1995. Please provide copies of the provisions which govern protection against termination of employment for these categories of workers and indicate whether the organizations of employers and workers concerned were consulted on such exclusions. Please also continue to provide information in subsequent reports on the effect that has been given, or is proposed to be given, to the Convention in respect of public servants, workers on probation and trainees or apprentices.

4. Article 4. Please continue to supply information on how the provisions in section 19(2) of the Code of Practice on legitimate reasons for termination based on operational requirements of the undertaking are applied in practice.

5. Article 9, paragraph 3. Please provide information on the effect given in practice to the requirement for a judicial examination of terminations for economic or similar reasons, as well as of whether the reasons invoked by employers are sufficient reasons to justify termination for economic or similar reasons.

6. Article 14. The Committee notes that the Government stated in its report that effect is given to this provision only through the “practice of some companies”. The Government is requested to submit information on how it is ensured that effect is given to this provision in practice.

7. Part V of the report form. Please continue to provide general information on the manner in which the Convention is applied in practice, including on the consultations with workers’ representatives in case of terminations for reasons of an economic, technological, structural or similar nature (Article 13, paragraph 1), and available statistics on the activities of the Directorate of Dispute Prevention and Resolution and of the Labour Court of Appeal (Article 8) (number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided).