Solicitud directa (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee notes with interest the first and the second Government's reports on the application of the Convention. It notes, in particular, the adoption of the new Labour Proclamation No. 42/1993. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2, paragraphs 4 to 6, of the Convention. The Committee notes that the Labour Proclamation No. 42/1993 expressly excludes from its scope persons holding managerial posts who are directly engaged in major managerial functions and workers employed under contracts of personal service for non-profit making purposes (section 3(2)(c) and (d)). It also excludes members of the armed forces, members of the police force, employees of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws (section 3(2)(e)). Please indicate the position of law and practice regarding the excluded categories and provide information on the special laws referred to in the Proclamation. Please also indicate whether the organizations of employers and workers concerned were consulted on such exclusions, as required by this Article.

Article 7. The Committee notes the provisions of sections 27(2) and 34(1) of the Labour Proclamation, according to which the worker shall be given written notice specifying the reasons for and the date of termination. Section 34(2) of the Proclamation stipulates that the notice of termination shall be handed to the worker in person or affixed on the notice-board in the workplace for ten consecutive days. The Committee asks the Government to indicate whether the worker is provided an opportunity to defend himself against the allegations made before his employment is terminated for reasons related to his conduct or performance.

Article 9, paragraph 2. The Committee notes the statement in the Government's report to the effect that the employer has to prove the case when the worker exercises his right to appeal against termination. It would be grateful if the Government would indicate, in its next report, by what method of implementation referred to in Article 1 of the Convention (laws, regulations, collective agreements, court decisions, etc.) it is assured that the burden of proving the existence of a valid reason for the termination shall rest on the employer.

Article 13, paragraph 1. The Committee notes the provision of the Labour Proclamation, according to which workers' participation in matters regarding reduction of workforce may be determined by collective agreement (section 129(3)). Please indicate whether collective agreements in force contain provisions concerning prior information of workers' representatives concerned including the reasons for the terminations contemplated, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out, as well as provisions concerning consultation of workers' representatives on measures to be taken to avert or to minimize the terminations and measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment. In the affirmative, please supply copies of such collective agreements.

Article 14, paragraphs 1 and 3. The Committee notes that, under the Labour Proclamation, the Minister of Labour and Social Affairs is empowered to issue directives concerning the procedure for the reduction of workforce (section 170(k)). It would be grateful if the Government would indicate, in its next report, whether such directives have been issued and whether they contain provisions concerning the notification of the competent authority of the contemplated terminations for economic, technological, structural or similar reasons, as well as provisions specifying the minimum period of time for such notification before carrying out the terminations, as required by this Article. If in the affirmative, please supply copies of such directives.

Point V of the report form. Please provide general information on the manner in which the Convention is applied in practice, including for example available statistics on the activities of the bodies of appeal and on the number of terminations for economic or similar reasons.