Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s report on the application of the Convention, received in December 2009. The Government indicates that effect is given to the Convention under the Labour Relations Act and the Employment and Unemployment Insurance Act. The Committee invites the Government to provide in its next report any general information available on the manner in which the Convention is applied in practice, including recent court decisions (Parts IV and V of the report form) and, in particular, on the extent to which courts have examined the employer’s reasons for termination related to the operational requirements of the undertaking (Article 9(3) of the Convention). It would also welcome receiving further clarification with respect to the application of some provisions of the Convention, as detailed below.

Exclusions. The Government refers in its report to different employment contracts such as: “seasonal work”; “part-time employment contract”; “part-time employment contract concluded with several employers”; “employment contract for working at home”; “employment contract with housekeepers”; and “employment contract with managerial staff”. The Committee invites the Government to indicate in its next report the relevant provisions of the Labour Relations Act defining employment contracts which might be covered by Article 2(2), of the Convention. It also asks the Government to indicate whether the Government intends any of these categories to constitute an exclusion contemplated under Article 2(4) and (5), and to provide the relevant information required under paragraph 6.

Invalid reasons for termination. The Committee invites the Government to provide in its next report more information on the statutory basis or judicial decisions prohibiting employment termination on the grounds listed in Article 5(d) of the Convention.

Article 6. Temporary absence from work due to illness or injury. The Committee notes that section 77(3) of the Labour Relations Act specifies that approved absence from work due to disease or injury constitutes an unfounded reason for termination. The Committee invites the Government to indicate in its next report the extent to which medical certification is required as a proof of the employee’s temporary absence being due to illness or injury, and what limitations, if any, have been placed on temporary absence from work.

Article 8(3). Procedure of appeal. The Committee invites the Government to indicate whether the employee’s right to appeal is limited by any time period.

Articles 13 and 14. Termination of employment for economic, technological, structural or similar reasons. The Committee invites the Government to provide in its next report available statistics on the number of terminations for economic or similar reasons. It also invites the Government to indicate if the statutory threshold of “a larger number of employees” in section 95 of the Labour Relations Act has been further defined in regulations or court decisions (Article 13(2)). Please also indicate the minimum period of notification to the competent authority prior to termination, as requested by Article 14(3) of the Convention.