Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 158) sur le licenciement, 1982 - Yémen (Ratification: 1989)

Autre commentaire sur C158

Demande directe

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2014. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes the Government’s report received in September 2013 indicating that the Council of Ministers has adopted the amendments to the Labour Code. The Government adds that the amendments will be communicated in the near future to the House of Representatives. The Committee invites the Government to provide a copy of the amended Labour Code to the Office as soon as it is adopted. In view of these legislative amendments, the Committee requests the Government to provide detailed information in regards to the application of each provision of the Convention, as requested by the report form.

Article 2 of the Convention. Protection of domestic workers against unjustified dismissal. The Committee refers to its previous comments and asks the Government to provide information on the progress made in ensuring that domestic workers have the protection laid down in the Convention.

Article 11. Definition of serious misconduct. The Committee refers to its previous comments in which it noted that the grounds on which employment may be terminated without notice include breach of the “essential obligations” in the employment contract (section 35(h) of the Labour Code). The Committee once again invites the Government to indicate how “serious misconduct” is defined by the legislation for the purpose of Article 11 of the Convention. Please also indicate whether failure to fulfil “essential obligations” in the contract constitutes serious misconduct within the meaning of the Convention.

Application of the Convention in practice. The Committee invites the Government to provide information on the manner in which the Convention is applied in practice, such as examples of court decisions involving questions of principle relating to the application of the Convention (Part IV of the report form) and available statistics on the activities of the bodies of appeal and on the number of terminations for economic and similar reasons (Part V of the report form).