Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee takes note of the Government's first report on the application of the Convention and of the subsequent report for the period ending 30 June 1989. It would be grateful if, in its next report, the Government would include additional information on the following points.

Part I

Article 2, paragraphs 2(c) and 3, of the Convention. The Committee notes that workers engaged on a daily basis and workers engaged for a specific task are excluded from the scope of the Convention. Please indicate the safeguards that are provided against recourse to engagement of workers on a casual basis for a short period, the aim of which is to avoid the protection resulting from the Convention (see Paragraph 3 of the Termination of Employment Recommendation (No. 166), 1982, appended to the report form).

Article 2, paragraphs 4 and 6. Please include the information required by the report form on the position of law and practice regarding the dismissal of managerial staff and other categories of workers excluded from the scope of Act No. 59-06 of 3 December 1959 respecting the general conditions of service of the public service.

Part II

Article 4. The Government indicates in its report that there are a number of laws, regulations and agreements aiming to ensure that workers are protected against unjustified dismissal. Please provide copies of the regulations and agreements and of the decisions creating precedents in this respect.

Article 5(c). Please indicate how it is guaranteed that filing a complaint or participating in proceedings against an employer involving alleged violation of laws or regulations, or recourse to competent administrative authorities, does not constitute a valid reason for termination.

Article 5(d). The Committee notes that section 114 of the Labour Code authorises pregnant women to leave their employment without having to pay compensation for breach of contract. Please indicate how it is guaranteed that pregnancy does not constitute a valid reason for dismissal.

Article 8, paragraph 3. The Government indicates that workers have one year in which to exercise their right to appeal against dismissal. Please state the provisions which ensure that workers have the right to appeal against dismissal within a reasonable period of time.

Articles 7, 11 and 12. Please indicate how effect is given to these provisions in respect of wage earners who are not covered by the inter-occupational collective agreement of 15 December 1972.

Part III

Articles 13, paragraph 1; 14, paragraph 1, and point V of the report form. Please forward copies of Circulars No. 48/MFP/T of 24 April 1981, No. 33/MFP/T/DTSS of 20 August 1982 and No. 48/MFP/T/DTSS of 10 February 1983, so that the Committee may ascertain more accurately the manner in which effect is given to the above provisions of the Convention. Please also provide general information on the way in which the Convention is applied and on the practical difficulties encountered in its application.