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Termination of Employment Convention, 1982 (No. 158) - Saint Lucia (Ratification: 2000)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, that is, six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention.The Committee invites the Government to provide its comments in this respect.
The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention).The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions.The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission.The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, that is, six weeks.The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, that is, six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, that is, six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, that is, six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, that is, six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, that is, six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, i.e. six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
The Committee noted in its previous comments that the Labour Code of 2006, which was indicated by the Government as the instrument giving effect to the Convention, had not yet been enacted. The Committee notes with interest that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, i.e. six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.
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 previous comments.
The Committee noted in its previous comments that the Labour Code of 2006, which was indicated by the Government as the instrument giving effect to the Convention, had not yet been enacted. The Committee notes with interest that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, i.e. six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report received in August 2012. It noted in its previous comments that the Labour Code of 2006, which was indicated by the Government as the instrument giving effect to the Convention, had not yet been enacted. The Committee notes with interest that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).
Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, i.e. six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.
[The Government is asked to reply in detail to the present comments in 2014.]

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

The Committee notes that the Government’s report received in October 2011 repeats the information already provided in August 2009 and in November 2010. In its previous direct requests, the Committee noted that the Contracts of Service Act, No. 14 of 1970, gives effect to some of the provisions of the Convention. It also noted that the Labour Code of 2006, which was indicated by the Government as the instrument giving effect to the Convention, had not been enacted. The Government indicates once again that the Labour Code has not yet been enacted. The Committee once again urges the Government to take steps to ensure that the Convention is given full effect. It invites the Government to report on the results of its efforts to give effect to each provision of the Convention and to include information on the manner in which the Contracts of Service Act is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the 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) and on the number of terminations for economic or similar reasons in the country (Part V of the report form).
Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Committee recalls that the Contracts of Service Act provides no safeguards against recourse to contracts of employment for a specified period of time. The Committee reiterates its previous request and asks the Government to indicate how effect is given to Article 2(3) concerning recourse to contracts of employment for a specified period of time, the aim of which is to avoid protection resulting from the Convention.
Article 2(4) and (6). Categories of employed persons excluded from the scope of the Convention. The Committee reiterates its previous request and asks the Government to provide information on how members of an employer’s family and public servants are provided protection that is at least equivalent to the protection afforded under the Convention.
Article 12. Severance payments. The Committee recalls that section 11 of the Contracts of Service Act provides that men are entitled to severance payments until the age of 65 and women are entitled to severance payments until the age of 60. The Committee reiterates its previous request and asks the Government to ensure that men and women are treated equally under each provision of the Convention, such as regarding severance payments.
Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee recalls that section 35(1)(a) of the Registration, Status and Recognition of Trade Unions and Employers Organizations Act provides that a reasonable notice of intention must be given before the closure of the establishment. The Government indicates that presently there are no regulations indicating the exact length of the minimum period of notice with respect to section 35(1)(a) of the abovementioned Act. The Committee reiterates its previous request and asks the Government to specify the minimum period of notice referred to in national laws or regulations giving full effect to Article 14(3) of the Convention.
[The Government is asked to reply in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report received in November 2010 repeats the information already provided in August 2009. In its 2008 and 2009 direct requests, the Committee noted that the Contracts of Service Act, No. 14 of 1970, gives effect to some of the provisions of the Convention. It also noted that the Labour Code of 2006, which was indicated by the Government as the instrument giving effect to the Convention, had not been enacted. The Committee urges the Government to take steps to ensure that each provision of the Convention is given effect. It asks the Government to provide a report indicating how full effect is given to each of the provisions of the Convention.

Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Committee recalls that the Contracts of Service Act provides no safeguards against recourse to contracts of employment for a specified period of time. The Committee again asks the Government to indicate how effect is given to Article 2(3) concerning recourse to contracts of employment for a specified period of time, the aim of which is to avoid protection resulting from the Convention.

Article 2(4) and (6). Categories of employed persons excluded from the scope of the Convention. The Committee again asks the Government to provide information on how members of an employer’s family and public servants are provided protection that is at least equivalent to the protection afforded under the Convention.

Article 12. Severance payments. The Committee recalls that section 11 of the Contracts of Service Act provides that men are entitled to severance payments until the age of 65 and women are entitled to severance payments until the age of 60. The Committee again asks the Government to ensure that men and women are treated equally under each of the provisions of the Convention, such as regarding severance payments.

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee recalls that section 35(1)(a) of the Registration, Status and Recognition of Trade Unions and Employers Organizations Act provides that a reasonable notice of intention must be given before the closure of the establishment. It again requests the Government to indicate what minimum period of notice, referred to in Article 14(3), is specified in national laws or regulations concerning termination of employment for economic, technological, structural or similar reasons.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information contained in the Government’s report received in August 2009. The Committee also notes that the Government ratified the Convention in 2000 and submitted its first report in 2007. In that report it referred to the Labour Code of 2006 as the instrument giving effect to the Convention. The Committee recalls noting that the Labour Code had not been enacted and requesting details on the implementation of the Convention. In its reply, the Government now refers to the Contracts of Service Act, No. 14 of 1970, as a law giving effect to some of the provisions of the Convention but does not mention what has transpired in respect of the draft Labour Code of 2006 or how the other provisions of the Convention are being effected. The Committee urges the Government to take steps to ensure that every provision of the Convention is given effect. It asks the Government to give details of how it proposes to do so.

Article 2, paragraph 3, of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government further indicates in its report that the Contracts of Service Act provides no safeguards against recourse to contracts of employment for a specified period of time. The Committee asks the Government to indicate how effect is given to Article 2(3) concerning recourse to contracts of employment for a specified period of time, the aim of which is to avoid protection resulting from the Convention.

Article 2, paragraphs 4 and 6. Categories of employed persons excluded from the scope of the Convention. The Committee notes that an employee who is a member of an employer’s family and public servants are excluded from severance payments under section 17 of the Contracts of Service Act. The Government indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee noted that the Government, in its first report, had excluded from the Convention persons engaged under a contract of employment as apprentices or for purposes of training and who have been so engaged for a period of less than 12 weeks. The Committee also noted in its previous comment that the parliamentary draft of the Labour Code provides that the Code will not be applicable to the Crown or to public servants. The Committee asks the Government to provide information on how members of an employer’s family and public servants are provided protection that is at least equivalent to the protection afforded under the Convention. Please indicate the position of law and practice regarding the excluded categories.

Article 12. Severance payments. The Committee notes that section 11 of the Contracts of Service Act provides that men are entitled to severance payments until the age of 65 and women are entitled to severance payments until the age of 60. The Committee asks the Government to ensure that men and women are treated equally under each of the provisions of the Convention, such as regarding severance payments.

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government reports that the Registration, Status and Recognition of Trade Unions and Employers Organizations Act requires employers to communicate in writing to workers’ representatives and the labour commissioner, the reasons for closure of the establishment and the number and category of workers that are affected by such closures. The Committee notes that section 35(1)(a) of the Act provides that a reasonable notice of intention must be given before the closure of the establishment. The Committee requests the Government to indicate what minimum period of notice, referred to in Article 14, paragraph 3, is specified in national laws or regulations concerning terminations of employment for economic, technological, structural or similar reasons.

[The Government is asked to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. The Committee notes the Government’s first report received in July 2007 on the application of the Convention which covers the 2001–07 period. In its report, the Government indicates that the Convention is given effect by the Labour Code of 2006. The Committee notes, however, that the Labour Code has not yet been enacted. Considering that Convention No. 158 has been in force since December 2001, the Committee asks the Government to report in detail on how the requirements of the Convention are being given effect.

2. Article 2 of the Convention. Exclusions. The Committee notes the information provided by the Government in its report that it seeks to exclude from the Convention persons engaged under contracts of employment as apprentices for the purpose of training and who have been engaged for a period of less than 12 weeks. The Committee further notes that the parliamentary draft provides that the Labour Code will not be applicable to the Crown or to public servants. The Government is therefore invited to indicate in its next report what safeguards have been provided against recourse to contracts of employment for a specified period of time (Article 2, paragraph 3), the aim of which is to avoid protection resulting from the Convention, and to indicate the manner in which protection against unjustified dismissal is ensured in respect to the Crown and public servants (Article 2, paragraphs 4 and 6).

3. Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee requests the Government to indicate in its next report how effect is given to Article 13 concerning consultation of workers’ representatives and Article 14 concerning notification of terminations to the competent authority, in cases of terminations of employment for economic, technological, structural or similar reasons. The Committee also recalls that the minimum period of time, referred to in Article 14, paragraph 3, has to be specified in the national laws or regulations.

4. In light of the information that the Government is asked to provide with regard to the current comments, the Committee will examine the conformity of the legislation and practice with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2009.]

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