Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Application of the Convention in practice. The Committee notes the Government’s brief report indicating that there were no changes to the national legislation during the reporting period. In its previous comments, the Committee noted the Government’s indication that the Labour Relations Act was amended in 2013 and that a dispute resolution system for labour matters performed by external licensed conciliators and arbitrators was established through amendments made in 2014 to the Law on Peaceful Resolution of Labour Disputes in order to allow for the protection of employment rights without having to rely on lengthy court proceedings. The Committee therefore reiterates its request that the Government provide information on the manner in which the Convention is applied in practice, including examples of recent court decisions concerning questions of principle relating to the application of the Convention and available statistics on the activities of the bodies of appeal. It also requests the Government to provide information on alternative dispute resolution mechanisms for resolving labour disputes in regard to termination of employment, including the dispute resolution system for labour matters carried out by conciliators and arbitrators.

Article 2(2) of the Convention. Exclusions. In its previous comments, the Committee noted the exception contained in section 95(10) of the Labour Relations Act for contracts of employment in public administration bodies. The Committee once again requests the Government to provide information on whether the terms and conditions of employment of workers in public administration bodies provide protection that is at least equivalent to that afforded under the Convention.

Article 5. Invalid reasons for termination. The Committee reiterates its request that the Government provide information regarding the application of this provision of the Convention, including examples of judicial decisions examining the reasons for termination.

Articles 13 and 14. Termination of employment for economic, technological, structural or similar reasons. In its previous comments, the Committee noted the information provided by the Government regarding the number of recorded dismissals due to bankruptcy or liquidation of an enterprise from 2011 to 2013, and that the number of recorded dismissals due to technological or similar changes decreased during the same time period. The Committee once again requests the Government to continue to provide practical information relevant to the application of these provisions of the Convention, including available statistics on the number of terminations for economic or similar reasons.