Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Termination of Employment Convention, 1982 (No. 158) - Central African Republic (Ratification: 2006)

The Committee refers to its observation and requests the Government to include in its next report information on the following matters.

Article 2(4) of the Convention. Exclusions. The Committee invites the Government to provide information in its next report on the effective means of protection against unjustified termination which are envisaged for magistrates, public servants and members of the army, categories excluded from the scope of the Labour Code of 2009.

Unjustified reasons for termination. The Committee notes that, in accordance with section 9 of the Labour Code of 2009, workers may not be penalized or suffer prejudice for their political, trade union or religious opinions. Furthermore, section 10 provides that the law shall ensure that everyone, without any discrimination, has equality of opportunity and treatment in employment and work. The Committee invites the Government to indicate in its next report the measures adopted to ensure that the other reasons indicated in clause (d) of Article 5 of the Convention, such as marital status and the family responsibilities of the worker, do not constitute valid reasons for termination. It invites the Government to include examples of the decisions of courts of law relating to the invalid reasons for termination set out in the Labour Code.

Procedure prior to termination. The Committee refers once again to Article 7 of the Convention, which provides that workers shall have an opportunity to defend themselves against the allegations made before being terminated for reasons relating to their conduct or performance. It notes that the Labour Code of 2009 does not appear to have envisaged a procedure of this nature prior to or at the time of termination. It once again requests the Government to indicate the manner in which national practice gives effect to this Article.

Right to appeal to an impartial body. The Committee notes that section 152 of the Labour Code envisages appeals against termination being filed with the labour inspector or the labour court. The Government indicates that the concerned worker or trade union has a period of 30 days to file an appeal to a higher authority against a decision by the labour inspection services concerning collective redundancies. The Committee requests the Government to indicate whether national law or practice provides for a reasonable period of time after which a worker may be deemed to have waived the right to appeal against termination (Article 8(3)).

Article 9(2). Burden of proof. The Committee notes that section 152 of the Labour Code of 2009 requires the courts to determine the causes and circumstances of termination. The Committee requests the Government to describe in its next report the manner in which regulations and procedure ensure that the worker does not have to bear alone the burden of proving that the termination was not justified.

Article 11. Period of notice. The Government indicates in its report that, except in cases of serious misconduct, in the context of termination, workers are entitled to a period of notice, the duration of which depends on the professional category (section 148 of the Labour Code). The Committee invites the Government to provide examples of decisions of courts of law illustrating the concept of serious misconduct.

Article 13(1). Information and consultation of workers’ representatives. The Committee invites the Government to indicate in its next report the period of time before the envisaged terminations that the relevant information has to be provided by an employer to the workers’ representatives.