Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last report received in June 2002. The Committee trusts that the Government will very soon be in a position to supply a report containing clear and up to date information, particularly in reply to the points raised in the Committee’s 2005 direct request, which referred to the matters below.

2. Article 5(c) and (d) of the Convention. Invalid reasons for termination. The Government stated that section 62 of the draft revised Labour Code would ensure that sex, religion, matrimonial status, family responsibilities, pregnancy and the fact of having filed a complaint or taken part in an action brought against an employer or having lodged an appeal with the competent administrative authorities did not constitute valid reasons for dismissal. The Committee hopes that in its next report the Government will be in a position to state that the draft revised Labour Code has been adopted.

3. Article 12. Severance allowance and other income protection. The Government indicated that the provisions of this Article of the Convention are given effect to only by a Memorandum of Understanding concluded in October 1999 between company heads of the commerce sector represented by the Congolese Federation of Enterprises (FEC) and various trade union organizations, which provides for payment of a severance allowance, the amount of which depends on the length of service. The Committee noted that the Memorandum of Understanding was concluded under section 49 of the Labour Code which provides that a worker whose employment has been terminated may also be paid a termination allowance if the contract or collective agreement so provides. In this respect, the Committee recalls, once again, that under Article 1 of the Convention, where the provisions of the Convention are not made effective by means of collective agreements, arbitration awards or court decisions or in such other manner as may be consistent with national practice, they shall be given effect to by laws or regulations. The Committee also recalls that under Article 12, paragraph 1, a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit, and trusts that the Government will take the necessary steps to give effect to this provision of the Convention for workers who are not covered by the Memorandum of Understanding in the commerce sector or any other collective agreement, and that it will provide this information in its next report. The Government is also requested to indicate the manner in which it gives effect to Article 12, paragraph 3, under which, in the event of termination for serious misconduct, provision may be made for loss of entitlements or allowances by the methods of implementation referred to in Article 1 of the Convention.

4. Parts IV and V of the report form. Application of the provisions of the Convention in practice. Please provide the information required on the application of the Convention in practice, including court decisions involving questions of principle relating to the Convention, available statistics on the activities of bodies of appeal and information on the number of terminations for economic or similar reasons.