Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

1. The Committee notes the Government’s report for the period ending June 2006, including indications on the legislative amendments introduced in April 2004 and October 2005 to the Labour Act. It further notes with interest the data on the cases reviewed by the courts in 2003-05. The Committee refers to its 2004 direct request and would appreciate receiving extracts of decisions of courts or other tribunals relating to termination of employment (Part IV of the report form). It refers to its comments of 2004 and asks the Government to report on the following points.

2. Article 5(c). Invalid reasons for termination.  The Committee notes that the Government referred to section 94 of the Labour Act as the provision giving effect to this Article. Section 94, however, protects workers who initiate internal proceedings only. The section does not appear to protect workers who have recourse to competent administrative authorities. The Committee therefore requests the Government to indicate how workers who have recourse to competent administrative authorities alleging violation of laws or regulations are protected against dismissal.

3. Article 6, paragraph 2. Please indicate whether a maximum duration is fixed for the period of temporary incapacity for work during which the employment of a worker may not be terminated under section 109(3) of the Labour Act.

4. Article 10. Please indicate whether the courts or other tribunals are empowered to order the payment of adequate compensation or any other appropriate relief if they consider it impracticable to declare the termination invalid or order the reinstatement of the worker.

[The Government is asked to reply in detail to the present comments in 2007.]