Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Termination of Employment Convention, 1982 (No. 158) - Niger (Ratification: 1985)

Other comments on C158

Direct Request

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Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. In its previous comments, the Committee invited the Government to indicate the measures taken or envisaged in order to provide adequate safeguards against the excessive use of contracts for an unspecified duration. In this context, the Committee notes the adoption of the Labour Code in 2012. It notes with interest that section 60 of the Labour Code of 2012 provides that contracts of employment for a specified period of time can only be entered into for a maximum period of two years, renewable once. This section also provides that, at the end of the renewal period, the employment relationship can be continued through a permanent contract. The Committee also notes that section 58 provides that contracts of employment for a specified period of time shall have neither the intention nor the effect of filling a position permanently linked to the normal and continuous activity of the enterprise. Nevertheless, the Committee notes that section 62 of the Labour Code of 2012 provides that short-term contracts of unspecified duration can be renewed without limitation and without modification of their status. Regarding temporary work, section 19(2) of the Labour Code of 2012 provides that the duration of temporary work assignments may not exceed a period of six months, renewable once. Furthermore, the Government reports that, in the context of advisory missions, labour inspectors recommend enterprises to have recourse to the database of the Young Graduate Employment Programme (PIJD) managed by the National Employment Promotion Agency (ANPE), in order to fill temporary positions. These young workers must not be recruited within the framework of the PIJD to carry out permanent activities. The Government adds that, for the sake of transparency, it foresees an increase in the deposit required from temporary employment agencies when applying for authorization to operate. This deposit will ensure the payment of wages and other personnel costs in the event of the insolvency of the temporary employment agency. The Committee requests the Government to continue indicating the measures taken or envisaged to provide adequate safeguards against the excessive use of contracts of employment for an unspecified period. In this regard, it requests the Government to provide detailed information on the manner in which section 62 of the Labour Code of 2012 provides adequate protection against recourse to contracts of employment for a specified period of time, as it allows contracts for an unspecified period of time to be renewed freely and without limitation. The Committee requests the Government to provide copies of court decisions relating to the application of this provision of the Convention.

Article 10. Granting of compensation, declaring unjustified termination invalid and reinstatement. The Committee welcomes the court decisions provided by the Government in relation to the application of Article 10 of the Convention. In this respect, it notes that the Niamey labour tribunal has granted compensation to several workers on grounds of unfair dismissal (rulings Nos 011/14, 041/2015, 078/14, 21 and 006/14). The Committee requests the Government to continue providing relevant court decisions relating to the application of this provision of the Convention, and particularly decisions declaring unjustified termination invalid and reinstating the worker.

Article 11. Period of notice. The Labour Code requires the party who initiates termination to comply with a period of notice. However, section 83 of the Labour Code of 1996 provides that a contract may be terminated without notice in the event of serious misconduct, subject to the provision of written notification setting out the reasons for termination and an appraisal of the seriousness of the misconduct by the competent court. The Committee therefore requested the Government to provide relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct. The Government indicates that it does not have any court decisions handed down to this effect. It adds that it is examining the draft regulations of the Labour Code and that it will keep the Office informed of their adoption. In this regard, the Committee notes that the terms of section 83 of the Labour Code of 1996 remain unchanged and are reproduced in section 90 of the Labour Code of 2012. The Committee therefore once again requests the Government to provide relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct set out in section 90 of the Labour Code of 2012. It also requests the Government to keep it informed of any developments concerning the adoption of the draft regulations of the Labour Code and to provide a copy of any legislation adopted in this regard.

Application of the Convention in practice. In its previous comments, the Committee invited the Government to provide court decisions in relation to grounds for termination and periods of notice. The Committee notes the decisions of the labour tribunal (Nos 011/14, 041/2015, 078/14, 21 and 006/14) provided by the Government in relation to grounds for termination and the right to a notice period, through which the tribunal applied the principle of the prohibition of termination without a valid reason and, consequently, the granting of compensation. The Committee requests the Government to continue providing updated information on the application in practice of the Convention, particularly court decisions involving issues of principle relating to the application of the Convention. It also once again requests the Government to provide statistics on the number of appeals against termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided.