Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Termination of Employment Convention, 1982 (No. 158) - Central African Republic (Ratification: 2006)

Other comments on C158

Observation

2011

Direct Request

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Progress in the application of the Convention. In its 2008 direct request, the Committee expressed the hope that, when preparing new labour legislation, the Government would take into account its comments with a view to reinforcing the application of the Convention. The Committee notes the replies provided by the Government in June 2011 and welcomes the fact that, in January 2009, when adopting a new Labour Code, the terms of the Convention were reflected more precisely in defining the termination of the employment contract at the initiative of the employer, justification for termination and the payment of compensation (Articles 3, 4 and 10 of the Convention). The Committee also notes with satisfaction that under section 152 of the Labour Code of 2009 the dismissal of a worker for filing a complaint or participating in proceedings against an employer involving alleged violations of laws or regulations, or for having recourse to the competent administrative authorities (Article 5(c)) is invalid. Section 143 of the Labour Code of 2009, by providing that an employer who envisages termination for economic reasons shall, to avert or minimize termination, meet the representatives of the personnel and, in the presence of the labour inspector, and explore “all other possibilities, such as: work by rotation, part-time work, temporary lay-offs, the readjustment of bonuses, compensation and other benefits”, is in line with the approach envisaged in Paragraph 21 of the Termination of Employment Recommendation, 1982 (No. 166). The Committee invites the Government to provide in its next report examples of decisions by courts of law relating to individual or economic reasons for termination, as set out in section 142 of the Labour Code (Article 4). It invites the Government to include in its next report statistics on the activities of the labour inspectorate and the courts in relation to termination of employment, the number, duration and outcome of appeals, the level of compensation for termination (Articles 10 and 11), and examples of situations examined by the labour inspection services in relation to collective dismissals (Articles 13 and 14).

The Committee is raising other points in a request addressed directly to the Government.