Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Termination of Employment Convention, 1982 (No. 158) - Democratic Republic of the Congo (Ratification: 1987)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in response to its previous comments.

Article 2, paragraphs 4 to 6, of the Convention. The Committee notes that career staff of state public services, who are excluded from the scope of the 1967 Labour Code, are governed by special conditions of service laid down in Act No. 81/003 of 17 July 1981. It would be grateful if in its next report the Government would indicate whether the employers' and workers' organizations concerned, where there are such organizations, have been consulted concerning this exclusion. Please also indicate in the next report and in future reports any changes that may have occurred in the extent to which effect is given to the Convention in respect of this category of workers.

Article 5(c) and (d). The Committee notes from the Government's report that the list of invalid grounds for dismissal contained in section 48 of the Labour Code is not exhaustive. The Government indicates that sex, religion and marital status can on no account constitute valid grounds for dismissal. While noting these indications, the Committee recalls that the Convention must be applied by one of the means laid down in Article 1 (i.e. by laws or regulations or collective agreements, arbitration awards, court decisions, or in such other manner as may be consistent with national practice). The Committee therefore asks the Government to indicate in its next report by which of the means provided in Article 1 it is ensured that the following do not constitute valid grounds for dismissal: sex, religion, marital status, family responsibilities, pregnancy, the filing of a complaint or participation in proceedings against an employer, or recourse to the competent administrative authorities.

Article 12. The Government indicates, referring to section 49 of the Labour Code, that in practice workers who are dismissed may also be entitled to a termination allowance if the contract or collective agreement so provides. The Committee would be grateful if the Government would provide the texts of collective agreements that contain provisions to this effect. It also draws the Government's attention to paragraph 1 of this Article of the Convention under which a worker whose employment has been terminated shall be entitled to a severance allowance or other separation benefits, benefits from unemployment insurance or other forms of social security, or a combination of such allowances and benefits. Please indicate also whether loss of entitlement to termination allowances is provided for in collective agreements in the event of dismissal for serious misconduct within the meaning of sections 58 and 60 of the Labour Code.

Part V of the report form. The Committee would be grateful if the Government would continue to provide general information in its future reports on the manner in which the Convention is applied, including, for example, available statistics on the activities of appellate bodies and the number of terminations of employment for economic or similar reasons.