Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. The Committee notes the Government’s report for the period ending 1 September 2006 and the work of the Labour Advisory Committee, which met from 25 March to 10 April 2002 to examine the draft decree issuing regulations under the 1996 Labour Code. The Committee invites the Government to provide in its next report information on progress on the adoption of regulations on the subjects covered by the Convention (Article 1). Please also provide decisions of the industrial tribunals or labour inspectorate and specify the number of and grounds for appeals lodged against measures to terminate employment, their outcome, the nature and amount of any remedy awarded as well as the average time taken for a decision on the appeal to be reached (Article 8 and Part V of the report form).

2. Article 2, paragraph 3. Scope of the Convention. The Committee notes that section 55 of the 1996 Labour Code provides that temporary employment contracts for an unspecified term may be renewed freely without any limitation on number or loss in quality. It requests the Government to indicate what safeguards have been provided against recourse to temporary employment contracts for an unspecified term, the aim of which is to avoid the protection resulting from this Convention.

3. Articles 5 and 6. Invalid reasons for termination. In reply to its previous comments, the Committee notes that the Government states that no appeals against termination of employment on grounds of pregnancy have been lodged with the appeal bodies (Article 5(e)). The Committee invites the Government to provide information on other reasons for termination which had been considered as invalid by labour courts, including copies of relevant judicial decisions in this respect.

4. Article 10. Provision of compensation, declaring unjustified termination invalid and reinstatement. The Committee notes sections 84 and 85 of the Labour Code which provide for the payment of compensation to a worker whose employment is terminated without legitimate reason. It requests the Government to indicate, in its next report, how the amount of the compensation provided for by sections 84 and 85 of the Labour Code is determined to ensure the payment of adequate compensation for unjustified termination of employment, and to provide relevant examples.

5. Article 11. Period of notice. The Committee notes that section 81 of the Labour Code provides that, in the absence of collective agreements, a decree, adopted after consultation with the Labour Advisory Committee, shall determine the conditions and period of notice, taking into account, in particular, the length of the contract and the occupational category. Please indicate whether such a decree has been adopted and, if so, provide a copy. The Committee also notes section 83 of the Labour Code, which allows compensation in lieu of notice, except in the event of serious misconduct by the worker. It invites the Government to provide, with its next report, copies of relevant court decisions showing how the notion of serious misconduct is appraised by the courts.

6. Article 12, paragraph 3. Compensation for termination of employment. Please indicate the elements taken into account to determine the amount of the compensation to be paid to a worker whose employment is terminated and provide copies of recent decisions (Article 12, paragraph 1). Please also specify the effect, if any, of serious misconduct by the worker on the compensation for termination of employment.

7. Termination of employment for economic, structural or similar reasons. The Government states that, in practice, when workers are laid off for economic reasons, the social partners generally have recourse to negotiated separation. Please provide further information on this subject, indicating how the protection afforded by Articles 13 and 14 of the Convention is ensured in the case of negotiated separation for economic, structural or similar reasons.

[The Government is asked to reply in detail to the present comments in 2009.]