Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes the Government's first report. It also notes the adoption of the Labour Code on 9 March 1995. In view of the changes, it asks the Government to provide detailed information in its next report on the application of the Convention by the relevant provisions of the Code, and particularly on the following points.

Article 2 of the Convention. The Committee would be grateful if the Government would state whether any categories of employed persons have been excluded from the scope of the Convention as a whole or of some of its provisions under paragraph 2 of this Article and, if so, to provide information on special arrangements to provide them with protection that is at least equivalent. In particular, it asks the Government to state what safeguards are provided for workers excluded from the scope of the Labour Code, such as public servants and public sector employees, household staff, certain categories of agricultural workers and casual workers.

Article 5. The Committee asks the Government to indicate what provisions ensure the application of this Article as a whole.

Article 7. The Committee notes that sections 96 and 97 of the Labour Code allow a worker whose employment is to be terminated on disciplinary grounds to defend himself against the allegations made in an interview with the employer. It asks the Government to indicate how effect is given to this provision of the Convention in other cases of termination for reasons related to the worker's conduct or performance.

Article 11. The Committee notes that the grounds on which employment may be terminated without notice include breach of the essential obligations of the Labour Contract (section 35(h) of the Labour Code). It asks the Government to clarify what are deemed to be the essential obligations of the Labour Contracts and whether their breach would constitute "serious misconduct" within the meaning of Article 11.

Article 12, paragraph 1. It also asks the Government to indicate whether a worker whose employment has been terminated is entitled to a severance allowance or other separation benefits (a), unemployment benefits or any other benefits (b), or a combination of such allowances and benefits (c).

Article 13. The Committee asks the Government to indicate how effect is given to this provision of the Convention concerning consultation of worker's representatives when termination of employment for economic reasons is contemplated.

Article 14, paragraphs 1 and 3. The Committee notes that the employer must notify to the Ministry of Social Security, Social Affairs and Labour, the partial or total cessation of his activities where this involves terminations. It asks the Government to state what information the employer must provide in such a case and the length of the notice period before carrying out the terminations.

[The Government is asked to report in detail in 1997.]