Termination of Employment Convention, 1982 (No. 158) - Niger (Ratification: 1985)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2(3) of the Convention. Adequate safeguards against abusive recourse to contracts of employment for a specified period of time. In its previous comments, the Committee requested the Government to provide detailed information on the manner in which section 62 of the Labour Code guarantees adequate protection against abusive recourse to contracts for a specified period of time, as it allows contracts for an unspecified period to be renewed freely and without limitation. The Committee notes that the Government makes general references to sections 61, 62 and 77(4) of the Labour Code, without indicating the manner in which the above-mentioned section 62 gives effect to Article 2(3) of the Convention. The Committee therefore reiterates its request to the Government to indicate the measures taken or envisaged to provide adequate safeguards against abusive recourse to contracts for an unspecified period of time. It also requests the Government to provide detailed information on the manner in which section 62 of the Labour Code gives effect to Article 2(3) of the Convention, and to provide copies of relevant court decisions relating to the application of this provision of the Convention.

Article 10. Granting of compensation, declaring unjustified termination invalid and reinstatement. In its reply to the Committee’s previous comments, the Government attaches three court decisions to its report. The Committee notes that in one of these decisions, the Niamey labour tribunal declared lawful and legitimate the dismissal of a worker for serious misconduct and ordered him to pay damages. In the two other decisions, both the local court and Niamey labour tribunal awarded compensation to the complainant workers for their unfair dismissal. The Committee requests the Government to continue to provide relevant court decisions relating to the application of this provision of the Convention and, particularly, decisions declaring unjustified termination invalid and reinstating the worker.

Article 11. Period of notice. In its previous comments, the Committee requested the Government to provide relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct set out in section 90 of the Labour Code which would allow termination without notice, as well as to keep it informed of any developments concerning the adoption of the draft regulations of the Labour Code. The Committee notes that the Government refers to the above-mentioned decisions attached to its report. The Committee notes that in one of these decisions, the local court, referring to the notion of serious misconduct set out in section 90(2) of the Labour Code, ruled that despite the proven serious misconduct, the dismissal of one of the workers was abusive because a double penalty, consisting of suspension and dismissal, had been imposed. Furthermore, the Committee notes that in another decision provided by the Government, the Niamey labour tribunal concluded that the dismissal of the worker was lawful and legitimate, having assessed the serious misconduct attributed to the worker (who, among other things, had reported, with malicious intent, acts of forgery and the use of forged handwriting falsely attributed to some senior staff in the enterprise). The tribunal also observed that the conditions under which a contract for an unspecified period may be terminated and the procedure to be followed are established in sections 78, 79 and 227 of the Labour Code. In addition, the Committee notes the adoption of Decree No. 2017-682/PRN/MET/PS on the regulatory component of the Labour Code, on 10 August 2017. It also notes that the above-mentioned Decree uses, but does not define, the notion of serious misconduct. The Committee requests the Government to continue to provide relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct set out in section 90 of the Labour Code.

Application of the Convention in practice. The Committee takes note of the court decisions attached by the Government to its report with regard to the justification for dismissal, the appraisal of serious misconduct and the notice period, whereby the court applied the principle of the prohibition of dismissal without just cause and consequently, awarded damages. It notes, however, that the Government does not provide statistics on the application in practice of the Convention. The Committee requests the Government to continue providing updated information on the application in practice of the Convention, particularly court decisions involving issues of principle relating to the application of the Convention. It once again requests the Government to provide statistics on the number of appeals against termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. In its previous comments, the Committee invited the Government to indicate the measures taken or envisaged in order to provide adequate safeguards against the excessive use of contracts for an unspecified duration. In this context, the Committee notes the adoption of the Labour Code in 2012. It notes with interest that section 60 of the Labour Code of 2012 provides that contracts of employment for a specified period of time can only be entered into for a maximum period of two years, renewable once. This section also provides that, at the end of the renewal period, the employment relationship can be continued through a permanent contract. The Committee also notes that section 58 provides that contracts of employment for a specified period of time shall have neither the intention nor the effect of filling a position permanently linked to the normal and continuous activity of the enterprise. Nevertheless, the Committee notes that section 62 of the Labour Code of 2012 provides that short-term contracts of unspecified duration can be renewed without limitation and without modification of their status. Regarding temporary work, section 19(2) of the Labour Code of 2012 provides that the duration of temporary work assignments may not exceed a period of six months, renewable once. Furthermore, the Government reports that, in the context of advisory missions, labour inspectors recommend enterprises to have recourse to the database of the Young Graduate Employment Programme (PIJD) managed by the National Employment Promotion Agency (ANPE), in order to fill temporary positions. These young workers must not be recruited within the framework of the PIJD to carry out permanent activities. The Government adds that, for the sake of transparency, it foresees an increase in the deposit required from temporary employment agencies when applying for authorization to operate. This deposit will ensure the payment of wages and other personnel costs in the event of the insolvency of the temporary employment agency. The Committee requests the Government to continue indicating the measures taken or envisaged to provide adequate safeguards against the excessive use of contracts of employment for an unspecified period. In this regard, it requests the Government to provide detailed information on the manner in which section 62 of the Labour Code of 2012 provides adequate protection against recourse to contracts of employment for a specified period of time, as it allows contracts for an unspecified period of time to be renewed freely and without limitation. The Committee requests the Government to provide copies of court decisions relating to the application of this provision of the Convention.

Article 10. Granting of compensation, declaring unjustified termination invalid and reinstatement. The Committee welcomes the court decisions provided by the Government in relation to the application of Article 10 of the Convention. In this respect, it notes that the Niamey labour tribunal has granted compensation to several workers on grounds of unfair dismissal (rulings Nos 011/14, 041/2015, 078/14, 21 and 006/14). The Committee requests the Government to continue providing relevant court decisions relating to the application of this provision of the Convention, and particularly decisions declaring unjustified termination invalid and reinstating the worker.

Article 11. Period of notice. The Labour Code requires the party who initiates termination to comply with a period of notice. However, section 83 of the Labour Code of 1996 provides that a contract may be terminated without notice in the event of serious misconduct, subject to the provision of written notification setting out the reasons for termination and an appraisal of the seriousness of the misconduct by the competent court. The Committee therefore requested the Government to provide relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct. The Government indicates that it does not have any court decisions handed down to this effect. It adds that it is examining the draft regulations of the Labour Code and that it will keep the Office informed of their adoption. In this regard, the Committee notes that the terms of section 83 of the Labour Code of 1996 remain unchanged and are reproduced in section 90 of the Labour Code of 2012. The Committee therefore once again requests the Government to provide relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct set out in section 90 of the Labour Code of 2012. It also requests the Government to keep it informed of any developments concerning the adoption of the draft regulations of the Labour Code and to provide a copy of any legislation adopted in this regard.

Application of the Convention in practice. In its previous comments, the Committee invited the Government to provide court decisions in relation to grounds for termination and periods of notice. The Committee notes the decisions of the labour tribunal (Nos 011/14, 041/2015, 078/14, 21 and 006/14) provided by the Government in relation to grounds for termination and the right to a notice period, through which the tribunal applied the principle of the prohibition of termination without a valid reason and, consequently, the granting of compensation. The Committee requests the Government to continue providing updated information on the application in practice of the Convention, particularly court decisions involving issues of principle relating to the application of the Convention. It also once again requests the Government to provide statistics on the number of appeals against termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided.

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

Part V of the report form. Application in practice. The Committee notes the Government’s report which was received in September 2011. The Government indicates that, with regard to terminations on economic grounds, 587 cases were recorded in 2009, of which ten went to court and are still pending a decision due to the slowness of the legal proceedings. The Government also indicates that the social partners generally opt for recourse to the negotiated departure formula – a common practice during the closure of NGO activities and projects whose mandate is coming to an end. The Committee requests the Government to provide up-to-date information in its next report on the application of the Convention in practice, including court decisions concerning grounds for termination and periods of notice (Articles 4, 5, 6 and 11 of the Convention), statistics on the number of appeals against termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided.

Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. In its previous report, the Government indicated that section 55 of the Labour Code had never been used to circumvent the provisions of the Convention. The Committee noted in its direct request of 2010 that, under sections 54 and 55 of the Labour Code, contracts for a specified duration may be renewed without any limitation on the number of times. Contracts for a specified duration may be concluded for the replacement of a temporarily absent worker, for the length of a season, for an occasional increase in workload or for work that does not form part of the customary activities of the enterprise. The Committee again requests the Government to indicate in its next report the measures taken or contemplated in order to provide adequate safeguards against the excessive use of contracts for an unspecified duration.

Article 8. Period for exercising the right of appeal. The Government indicates that workers have a period of two years in which to exercise their right of appeal concerning labour matters.

Article 10. Provision of compensation, declaring unjustified termination invalid, and reinstatement. The Government indicates that the labour tribunal has the power to declare the termination invalid and to propose reinstatement should it identify any irregularity in the grounds and procedure for termination. The Government also indicates that, if the employer rejects the request for reinstatement, it is required by law to pay the worker compensation. The Committee requests the Government to send examples of relevant court decisions relating to the application of this provision of the Convention.

Article 11. Period of notice. The Government indicates that, in the event of serious misconduct, the employer may dismiss the worker without notice subject to providing written notification of termination of the contract and the grounds for termination. The Government also indicates that deciding whether serious misconduct has occurred is left to the discretion of the competent court. The Committee requests the Government to include in its next report examples of relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct (section 83 of the Labour Code). In its previous comments, the Committee noted the provisions of section 81 of the Labour Code, according to which termination of an employment contract of indefinite duration is subject to a period of notice given by the party that initiates the termination of the contract. The conditions and period of notice were due to be the subject of an assessment by the Labour Advisory Committee and a government decree. The Committee requests the Government to indicate whether the regulatory measures provided for by the 1996 Labour Code have been adopted.

Article 12(3). Severance allowances. The Committee notes that section 79 of the Labour Code and the inter-occupational collective agreement provide for allowances to be paid to workers in the event of termination, except in cases of dismissal for serious misconduct. The Committee requests the Government to provide examples of case law which have applied the concept of serious misconduct.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Part V of the report form. Application in practice. The Committee notes the Government’s report received in November 2009 in reply to its 2007 direct request. The Government indicates that no legislation has been adopted in the field of application of the Convention and that access to court decisions is difficult. The Committee notes that court decisions may be the means of giving full effect to important provisions of the Convention. The Committee hopes that progress will be made, possibly with ILO assistance, and that the Government will be in a position to provide up-to-date information in its next report on the application of the Convention in practice, including court decisions concerning grounds for termination and periods of notice (Articles 4, 5, 6 and 11 of the Convention), statistics on the number of appeals against termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided. In view of the global crisis, it would be important to include information in the next report on the number of negotiated departures, in accordance with the provisions of section 73 of the Labour Code, for economic reasons (Articles 13 and 14 of the Convention).

Article 2(3). Adequate safeguards against recourse to contracts of employment for a specified period of time. In reply to the Committee’s previous comments, the Government indicates that section 55 of the Labour Code is never used to circumvent the provisions of the Convention. The Committee notes that, under sections 54 and 55 of the Labour Code, contracts for an unspecified duration may be renewed freely without any limitation on the number of times and without any loss of status. Contracts for an unspecified duration may be concluded for the replacement of a temporarily absent worker, for the length of a season, for an occasional increase in workload or for work that does not form part of the customary activities of the enterprise. In view of the fact that contracts for an unspecified duration may be renewed freely, the Committee notes that excessive use of contracts for an unspecified duration would be tantamount to avoiding the protection resulting from the Convention. The Committee requests the Government to indicate in its next report the measures taken or contemplated in order to provide adequate safeguards against the excessive use of contracts for an unspecified duration.

Article 8. Period for exercising the right of appeal. The Government indicates that in practice the period of two years is respected and that workers may avail themselves of the provisions of the Civil Code in order to take action. The Committee requests the Government to indicate the manner in which civil law provisions have enabled a deadline to be fixed for exercising the right of appeal against termination.

Article 10. Provision of compensation, declaring unjustified termination invalid, and reinstatement. The Government refers to section 85(a) of the Labour Code, which states that the amount of compensation shall be fixed taking into account many factors including, among others, damage caused. The Government indicates that this compensation is not to be confused with compensation for failure to give notice or severance pay, and that this remains at the discretion of the judge. The Committee requests the Government to supply examples of relevant court decisions on the application of this provision of the Convention.

Article 11. Period of notice. The Government refers to Annex 1 of the interoccupational collective agreement of 1972, which determines the conditions and period of notice, taking account in particular of the length of contract and the occupational categories listed in Annex 1. In its previous comments the Committee noted the provisions of section 81 of the Labour Code, according to which termination of an employment contract of indefinite duration is subject to a period of notice notified by the party that takes the initiative to terminate the contract. The conditions and period of notice were due to be the subject of an opinion from the Labour Advisory Committee and a government decree. The Committee hopes that the regulatory measures provided for by the 1996 Labour Code will be adopted in the very near future. It again requests the Government to supply examples of relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct (section 83 of the Labour Code).

Article 12(3). Severance allowance. In reply to previous comments, the Government indicates that the severance allowance is not payable in cases of termination of employment resulting from serious misconduct to workers covered by the provisions of section 34 of the 1972 interoccupational collective agreement. Moreover, section 79 of the Labour Code states that workers whose employment is terminated for economic reasons shall be entitled to a tax-free allowance paid by the employer and equal to one month’s gross salary, in addition to the period of notice and any severance allowance for economic reasons. The Committee requests the Government to describe the impact, if any, of serious misconduct on severance benefits for workers whose employment is terminated for economic reasons.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s report for the period ending 1 September 2006 and the work of the Labour Advisory Committee, which met from 25 March to 10 April 2002 to examine the draft decree issuing regulations under the 1996 Labour Code. The Committee invites the Government to provide in its next report information on progress on the adoption of regulations on the subjects covered by the Convention (Article 1). Please also provide decisions of the industrial tribunals or labour inspectorate and specify the number of and grounds for appeals lodged against measures to terminate employment, their outcome, the nature and amount of any remedy awarded as well as the average time taken for a decision on the appeal to be reached (Article 8 and Part V of the report form).

2. Article 2, paragraph 3. Scope of the Convention. The Committee notes that section 55 of the 1996 Labour Code provides that temporary employment contracts for an unspecified term may be renewed freely without any limitation on number or loss in quality. It requests the Government to indicate what safeguards have been provided against recourse to temporary employment contracts for an unspecified term, the aim of which is to avoid the protection resulting from this Convention.

3. Articles 5 and 6. Invalid reasons for termination. In reply to its previous comments, the Committee notes that the Government states that no appeals against termination of employment on grounds of pregnancy have been lodged with the appeal bodies (Article 5(e)). The Committee invites the Government to provide information on other reasons for termination which had been considered as invalid by labour courts, including copies of relevant judicial decisions in this respect.

4. Article 10. Provision of compensation, declaring unjustified termination invalid and reinstatement. The Committee notes sections 84 and 85 of the Labour Code which provide for the payment of compensation to a worker whose employment is terminated without legitimate reason. It requests the Government to indicate, in its next report, how the amount of the compensation provided for by sections 84 and 85 of the Labour Code is determined to ensure the payment of adequate compensation for unjustified termination of employment, and to provide relevant examples.

5. Article 11. Period of notice. The Committee notes that section 81 of the Labour Code provides that, in the absence of collective agreements, a decree, adopted after consultation with the Labour Advisory Committee, shall determine the conditions and period of notice, taking into account, in particular, the length of the contract and the occupational category. Please indicate whether such a decree has been adopted and, if so, provide a copy. The Committee also notes section 83 of the Labour Code, which allows compensation in lieu of notice, except in the event of serious misconduct by the worker. It invites the Government to provide, with its next report, copies of relevant court decisions showing how the notion of serious misconduct is appraised by the courts.

6. Article 12, paragraph 3. Compensation for termination of employment. Please indicate the elements taken into account to determine the amount of the compensation to be paid to a worker whose employment is terminated and provide copies of recent decisions (Article 12, paragraph 1). Please also specify the effect, if any, of serious misconduct by the worker on the compensation for termination of employment.

7. Termination of employment for economic, structural or similar reasons. The Government states that, in practice, when workers are laid off for economic reasons, the social partners generally have recourse to negotiated separation. Please provide further information on this subject, indicating how the protection afforded by Articles 13 and 14 of the Convention is ensured in the case of negotiated separation for economic, structural or similar reasons.

[The Government is asked to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Articles 5(d) and 6 of the Convention.  In response to previous comments, the Government states that there have not been any terminations of employment on the ground of pregnancy registered with the inspection service. However, the Government notes that employers sometimes seek information on what they should do when workers have prolonged absences as the pregnancy progresses. The Committee notes this information and draws the Government’s attention to the provisions of Article 6 which state that temporary absence from work due to illness (including maternity-related illness) shall not constitute a valid reason for termination. Nevertheless, Article 6 provides that the Government shall determine what constitutes temporary absence from work, and the extent to which medical certification shall be required, in consultation with employers’ and workers’ organizations. The Committee would appreciate receiving further information on action taken in this respect, if any. The Committee would also appreciate if the Government would provide general information on the manner in which the Convention is applied in practice, including available statistics on the activities of the appellate bodies and on the number of terminations for economic or similar reasons as requested in Part V of the report form.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes 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:

Part II. Article 5(d). In its previous comments the Committee noted from the Government's report that any woman who is dismissed on the ground of pregnancy may lodge a complaint with the labour inspector who is obliged to attempt to effectuate a conciliation between the parties and to order the reinstatement of the female worker. Where the employer refuses, the file is then transmitted to the Labour Tribunal which is empowered to impose sanctions on the employer and to order him to pay damages to the victim. The Committee asked the Government to supply copies of the decisions relating to termination on the ground of pregnancy. The Government indicates in its reply that the decisions requested have not been found, but that the possibility of the judicial protection against dismissal on the abovementioned ground is still available. The Committee therefore asks the Government to supply copies of such decisions as soon as they are available, as well as statistics or other information available concerning the implementation of this provision of the Convention in practice, such as information on any complaints lodged with the labour inspector or the court or any conciliation effectuated.

Part III. Articles 13 and 14 and Part V of the report form. Please continue to supply, in future reports, information on practical implementation of these provisions, including for example available statistics on the number of terminations for economic or similar reasons. Please also indicate any practical difficulties encountered in the implementation of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the information supplied by the Government in reply to its earlier comments. It notes, in particular, the information concerning the situation of the categories of employed persons excluded from the scope of Ordinance No. 89-18 of 8 December 1989 supplied under Article 2, paragraphs 4 and 6, of the Convention, court decisions giving effect to the provision of Article 5(c) and statistical information concerning terminations of employment for economic reasons (Article 14 and point V of the report form).

Part II

Article 5(d). In its previous comments the Committee noted from the Government's report that any woman who is dismissed on the ground of pregnancy may lodge a complaint with the labour inspector who is obliged to attempt to effectuate a conciliation between the parties and to order the reinstatement of the female worker. Where the employer refuses, the file is then transmitted to the Labour Tribunal which is empowered to impose sanctions on the employer and to order him to pay damages to the victim. The Committee asked the Government to supply copies of the decisions relating to termination on the ground of pregnancy. The Government indicates in its reply that the decisions requested have not been found, but that the possibility of the judicial protection against dismissal on the above-mentioned ground is still available. The Committee therefore asks the Government to supply copies of such decisions as soon as they are available, as well as statistics or other information available concerning the implementation of this provision of the Convention in practice, such as information on any complaints lodged with the labour inspector or the court or any conciliation effectuated.

Part III

Articles 13 and 14 and point V of the report form. Please continue to supply, in future reports, information on practical implementation of these provisions, including for example available statistics on the number of terminations for economic or similar reasons. Please also indicate any practical difficulties encountered in the implementation of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information supplied by the Government in reply to its earlier comments. It notes, in particular, the information provided under Articles 2, paragraphs 2(c), and 3, Article 8, paragraph 3, and Articles 7, 11 and 12 of the Convention. It would be grateful if, in its next report, the Government would provide additional information on the following points:

Part I

Article 2, paragraphs 4 and 6, of the Convention. The Committee notes from the Government's report that workers excluded from the scope of Act No. 59-06 of 3 December 1959 respecting the general conditions of service in the public service, were only the judiciary and the military. It also notes the adoption of Ordinance No. 89-18 of 8 December 1989 respecting the general conditions of service in the public service which repealed Act No. 59-06. According to section 1, paragraph 2 of the Ordinance, it does not apply to certain categories of employed persons which include, besides the judiciary and the military, also the teaching staff of the universities, the staff of public institutions of industrial or commercial character, as well as the territorial communities staff. Please indicate, in accordance with the report form, the position in law and practice regarding these categories of employed persons and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories and also supply any relevant texts.

Part II

Article 5(c). The Committee notes from the Government's report that the protection afforded by this provision of the Convention is guaranteed through decisions of national courts and tribunals. It would be grateful if the Government would supply, with its next report, copies of the decisions which give effect to this provision of the Convention.

Article 5(d). With reference to its previous comments, the Committee notes from the Government's report that any woman who is dismissed on the ground of pregnancy may lodge a complaint with the labour inspector who is obliged to attempt to effectuate a conciliation between the parties and to ensure the reinstatement of the female worker. Where the employer refuses, the file is transmitted to the Labour Tribunal which is empowered to impose sanctions on the employer and to order him to pay damages to the victim. The Committee would be grateful if the Government would supply, with its next report, copies of the decisions relating to termination on the ground of pregnancy, as well as statistics or other information on the implementation of this provision of the Convention in practice.

Part III

Article 14 and point V of the report form. The Committee notes the provisions of Circulars No. 48/MFP/T of 24 April 1981, No. 33/MFP/T/DTSS of 20 August 1982, No. 4/MFP/T/DTSS of 10 February 1983 and No. 23/MFP/T/DTSS of 8 September 1983 regarding the procedure of termination of employment for economic reasons and, in particular, circulars concerning notification of the relevant information in regard to such termination to the Labour Inspectorate and the Minister of the Public Service and Labour. It would be grateful if, in its next report, the Government would supply information on the practical implementation of these provisions, including for example available statistics on the number of terminations for economic or similar reasons. Please also indicate any practical difficulties encountered in the implementation of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's first report on the application of the Convention and of the subsequent report for the period ending 30 June 1989. It would be grateful if, in its next report, the Government would include additional information on the following points.

Part I

Article 2, paragraphs 2(c) and 3, of the Convention. The Committee notes that workers engaged on a daily basis and workers engaged for a specific task are excluded from the scope of the Convention. Please indicate the safeguards that are provided against recourse to engagement of workers on a casual basis for a short period, the aim of which is to avoid the protection resulting from the Convention (see Paragraph 3 of the Termination of Employment Recommendation (No. 166), 1982, appended to the report form).

Article 2, paragraphs 4 and 6. Please include the information required by the report form on the position of law and practice regarding the dismissal of managerial staff and other categories of workers excluded from the scope of Act No. 59-06 of 3 December 1959 respecting the general conditions of service of the public service.

Part II

Article 4. The Government indicates in its report that there are a number of laws, regulations and agreements aiming to ensure that workers are protected against unjustified dismissal. Please provide copies of the regulations and agreements and of the decisions creating precedents in this respect.

Article 5(c). Please indicate how it is guaranteed that filing a complaint or participating in proceedings against an employer involving alleged violation of laws or regulations, or recourse to competent administrative authorities, does not constitute a valid reason for termination.

Article 5(d). The Committee notes that section 114 of the Labour Code authorises pregnant women to leave their employment without having to pay compensation for breach of contract. Please indicate how it is guaranteed that pregnancy does not constitute a valid reason for dismissal.

Article 8, paragraph 3. The Government indicates that workers have one year in which to exercise their right to appeal against dismissal. Please state the provisions which ensure that workers have the right to appeal against dismissal within a reasonable period of time.

Articles 7, 11 and 12. Please indicate how effect is given to these provisions in respect of wage earners who are not covered by the inter-occupational collective agreement of 15 December 1972.

Part III

Articles 13, paragraph 1; 14, paragraph 1, and point V of the report form. Please forward copies of Circulars No. 48/MFP/T of 24 April 1981, No. 33/MFP/T/DTSS of 20 August 1982 and No. 48/MFP/T/DTSS of 10 February 1983, so that the Committee may ascertain more accurately the manner in which effect is given to the above provisions of the Convention. Please also provide general information on the way in which the Convention is applied and on the practical difficulties encountered in its application.