Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1 of the Convention. Protection against acts of discrimination. The Committee recalls that several of its previous comments concerned section 122 of the Labour Constitution Act (legal grounds for dismissal of workers’ representatives without prior approval of the courts in cases of grave insults against the employer). The Committee had noted that, although this provision was not in violation of the Convention, it however might give rise to abuse by the employer in order to interfere with the functioning of the works council. It had therefore suggested that the Government envisage taking into consideration paragraph 6 of the Workers’ Representatives Recommendation, 1971 (No. 143), which includes in the measures to ensure effective protection of workers’ representatives, a requirement of either consultation with, or an advisory opinion from, or the agreement of an independent body, public or private, or a joint body, before the dismissal of a workers’ representative becomes final.

The Committee notes that according to the Government’s report, since its last comments, there have been no legislative changes in this regard and that the Federal Ministry of Industry and Labour has not been notified of any case of judicial proceedings relating to abuse by the employer of section 122. The Committee requests the Government to inform it of any actions relating to section 122 of the Labour Constitution Act.