Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report, which contains information on the points raised in previous comments.

1. Article 2, paragraphs 2-6, of the Convention. The Government indicates that the employment stability of the categories of workers covered by section 112 of the Organic Labour Act is guaranteed through the possibility provided to them to have recourse to the courts to seek the reinstatement of rights which have not been respected. The Committee would be grateful if the Government would continue providing information on the situation in law and practice with regard to excluded categories, including extracts of judicial rulings issued in this respect.

2. Article 7. The Government refers once again to section 116 of the Organic Labour Act, which establishes the possibility to have recourse to the courts when a worker is not in agreement with the reason given for dismissal. The Government states that this provision guarantees the workers' right of defence in the event of dismissal. The courts can order their reinstatement and the payment of wages which have not been received in the event of unjustified dismissal, under the conditions set out in section 48 of the regulations issued under the Organic Labour Act. The Committee recalls that the purpose of this Article of the Convention is to ensure that any decision to terminate employment is preceded by dialogue and reflection between the parties (paragraph 148 of the General Survey of 1995): the employment of a worker shall not be terminated for reasons related to the worker's conduct or performance before he is provided an opportunity to defend himself against the allegations made, unless the employer cannot reasonably be expected to provide this opportunity. The Committee therefore once again urges the Government to ensure that this Article of the Convention is given effect in law and in practice.

3. Article 13, paragraph 1(a) and (b), of the Convention. The Committee notes that the Government endorses the contents of section 34 of the Organic Labour Act, which has to be complied with by employers. The Committee recalls the request made by the Tripartite Committee set up to examine the representation made in July 1991 by two employers' organizations under article 24 of the Constitution, alleging non-observance of Convention No. 158, among other Conventions (GB.256/15/16, of May 1993). On that occasion, the Government was invited to provide information on the manner in which the provisions of Article 13, paragraph 1, are applied, with an indication of the manner in which representatives of the workers concerned are consulted, with special reference to the information which the employer is required to provide and the methods and objectives of the consultation. The Committee also noted that section 34 of the Organic Labour Act did not appear to be sufficient to meet the requirements of these provisions of the Convention. The Committee would therefore be grateful if the Government would provide the information required by the report form for the Convention with regard to Article 13.

4. Article 14, paragraph 3, of the Convention. The Government provides information in its report on the new provisions of section 69 of the regulations issued under the Organic Labour Act, which establish the procedures to be followed in the event of staff reduction for reasons of an economic nature, or due to progress or technological changes. The Committee notes that a minimum period of time before carrying out the terminations envisaged in the above provision has not been specified by national laws or regulations, as required under Article 14, paragraph 3. The Committee requests the Government to indicate in its next report the manner in which it is envisaged to give effect to Article 14, paragraph 3, through laws or regulations.

5. Part V of the report form. The Committee notes with interest the statistical tables provided by the Government in its report. It requests the Government to continue providing general information on the manner in which the Convention is applied in practice including, for example, available statistics on the activities of the appeal bodies and on the number of terminations carried out for economic or similar reasons. Please also indicate any practical difficulties that may have impeded the application of the Convention.

[The Government is asked to report in detail in 2001.]