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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Observations by the Labour Confederation of Congo (CCT). Abusive dismissals. In its previous comments, the Committee invited the Government to provide its own comments on the observations of the CCT, indicating whether the dismissal of around 40 employees of a private multinational enterprise governed by French law were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also requested the Government to provide information on the measures adopted to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). In its report, the Government indicates that section 78 of the Labour Code adopted in 2002 prohibits mass dismissals, and that the information held by the Government does not indicate that the dismissed workers did not receive severance allowances, as no complaint was noted. The Committee notes that, with regard to measures adopted to mitigate the effects of the dismissals, the Government indicates that the provisions of section 78 of the Labour Code guarantee priority hiring in the event of a resumption of activity. The Committee also notes that section 78 provides that mass dismissals on economic grounds are prohibited, “except for possible exceptions that will be determined by an order of the Minister responsible for labour and social security” and sets out the applicable procedure. Noting that the Government provides information of a general nature concerning the above-mentioned dismissals, the Committee requests the Government to provide information on the procedure followed in the case reported by the CCT, including copies of inspection reports, where possible. It once again requests the Government to provide specific information indicating whether the dismissals were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also once again requests the Government to provide specific information on the measures adopted in this particular case to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).

In its previous comments, the Committee also requested the Government to provide a report containing information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. It also requested it to indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form). The Committee notes that the Government has provided inspection reports from 2014, 2015, 2016 and 2017 but that these reports do not contain information on the application of the above-mentioned Articles. The Committee therefore once again requests the Government to provide information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. It also reiterates its request to the Government to indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form).

Article 7. Procedure prior to, or at the time of, termination. In its previous comments, the Committee requested the Government to provide copies of collective agreements which provide for the possibility of a specific procedure to be followed prior to, or at the time of, termination, as required by the Convention, and to indicate the manner in which this provision of the Convention is given effect for workers not covered by collective agreements. The Government indicates that: (i) it ensures that collective agreements are in conformity with sections 63, 72, 73 and 75 of the Labour Code; and (ii) in addition to enterprise collective agreements, there is the national inter-occupational labour agreement, of which it provides a copy. The Committee nevertheless notes that the copy of the latter agreement was already provided by the Government in its 2013 report and that, in this regard, it considered that the above-mentioned collective agreement did not appear to envisage the possibility of a specific procedure to be followed prior to, or at the time of, termination. The Government adds that enterprises that have not concluded collective agreements are required to adhere to the sectoral collective agreement and the procedure to be followed prior to, or at the time of, termination is provided by the implementing measures, such as OrderNo.12/CAB.MIN/TPS/116/2005 of 26 October 2005, determining the terms of dismissal of workers. The Committee notes with interest that Act No. 16/010 of 15 July 2016, amending and supplementing Act No. 015-2002 issuing the Labour Code, with respect to section 62, provides that “when the employer envisages dismissal for grounds related to the worker’s aptitude or conduct, he or she is required, before any decision is taken, to allow the person concerned to defend himself or herself against the allegations made or to provide an explanation for the grounds put forward”. The Committee requests the Government to provide up-to-date information on the application in practice of the Labour Code with regard to the possibility offered to workers to defend themselves against the allegations against them before any dismissal measures are imposed, as well as the application of the above Order. It also once again requests the Government to provide copies of the collective agreements which provide for the procedure to be followed prior to, or at the time of, termination.

Article 12. Severance allowance and other income protection. In its previous comments, the Committee noted that national legislation does not provide for severance allowances or other forms of income protection for dismissed workers. The Committee therefore reiterated its request to the Government to indicate the manner in which effect is given to Article 12 of the Convention. The Committee notes the Government’s indication that in order to prevent workers from being adversely affected, tax deductions are limited to 10 per cent during the notice period. However, other categories are not taxed, except for non-statutory family benefits. Noting, once again, the absence of specific information in the Government’s report in response to the Committee’s request, it urges the Government to provide detailed information indicating the manner in which effect is given to Article 12 of the Convention.

Articles 13 and 14. Terminations for economic or similar reasons. In its previous report in 2013, the Government indicated that the Ministry of Employment, Labour and Social Welfare signed 15 orders authorizing collective terminations for economic or similar reasons, covering 701 workers in 2012–13. The Committee invited the Government to indicate whether the dismissed workers were entitled to severance allowances (Article 12) and to provide information on the measures taken to mitigate the effects of terminations for economic or similar reasons, as envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). Noting that the Government’s report does not contain information in this regard, the Committee once again requests the Government to provide the information requested.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Observations by the Labour Confederation of Congo (CCT). Abusive dismissals. In its previous comments, the Committee invited the Government to provide its own comments on the observations of the CCT, indicating whether the dismissal of around 40 employees of a private multinational enterprise governed by French law were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also requested the Government to provide information on the measures adopted to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). In its report, the Government indicates that section 78 of the Labour Code adopted in 2002 prohibits mass dismissals, and that the information held by the Government does not indicate that the dismissed workers did not receive severance allowances, as no complaint was noted. The Committee notes that, with regard to measures adopted to mitigate the effects of the dismissals, the Government indicates that the provisions of section 78 of the Labour Code guarantee priority hiring in the event of a resumption of activity. The Committee also notes that section 78 provides that mass dismissals on economic grounds are prohibited, “except for possible exceptions that will be determined by an order of the Minister responsible for labour and social security” and sets out the applicable procedure.Noting that the Government provides information of a general nature concerning the above-mentioned dismissals, the Committee requests the Government to provide information on the procedure followed in the case reported by the CCT, including copies of inspection reports, where possible. It once again requests the Government to provide specific information indicating whether the dismissals were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also once again requests the Government to provide specific information on the measures adopted in this particular case to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).

In its previous comments, the Committee also requested the Government to provide a report containing information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. It also requested it to indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form). The Committee notes that the Government has provided inspection reports from 2014, 2015, 2016 and 2017 but that these reports do not contain information on the application of the above-mentioned Articles.The Committee therefore once again requests the Government to provide information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. It also reiterates its request to the Government to indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form).

Article 7. Procedure prior to, or at the time of, termination. In its previous comments, the Committee requested the Government to provide copies of collective agreements which provide for the possibility of a specific procedure to be followed prior to, or at the time of, termination, as required by the Convention, and to indicate the manner in which this provision of the Convention is given effect for workers not covered by collective agreements. The Government indicates that: (i) it ensures that collective agreements are in conformity with sections 63, 72, 73 and 75 of the Labour Code; and (ii) in addition to enterprise collective agreements, there is the national inter-occupational labour agreement, of which it provides a copy. The Committee nevertheless notes that the copy of the latter agreement was already provided by the Government in its 2013 report and that, in this regard, it considered that the above-mentioned collective agreement did not appear to envisage the possibility of a specific procedure to be followed prior to, or at the time of, termination. The Government adds that enterprises that have not concluded collective agreements are required to adhere to the sectoral collective agreement and the procedure to be followed prior to, or at the time of, termination is provided by the implementing measures, such as OrderNo.12/CAB.MIN/TPS/116/2005 of 26 October 2005, determining the terms of dismissal of workers. The Committee notes with interest that Act No. 16/010 of 15 July 2016, amending and supplementing Act No. 015-2002 issuing the Labour Code, with respect to section 62, provides that “when the employer envisages dismissal for grounds related to the worker’s aptitude or conduct, he or she is required, before any decision is taken, to allow the person concerned to defend himself or herself against the allegations made or to provide an explanation for the grounds put forward”.The Committee requests the Government to provide up-to-date information on the application in practice of the Labour Code with regard to the possibility offered to workers to defend themselves against the allegations against them before any dismissal measures are imposed, as well as the application of the above Order. It also once again requests the Government to provide copies of the collective agreements which provide for the procedure to be followed prior to, or at the time of, termination.

Article 12. Severance allowance and other income protection. In its previous comments, the Committee noted that national legislation does not provide for severance allowances or other forms of income protection for dismissed workers. The Committee therefore reiterated its request to the Government to indicate the manner in which effect is given to Article 12 of the Convention. The Committee notes the Government’s indication that in order to prevent workers from being adversely affected, tax deductions are limited to 10 per cent during the notice period. However, other categories are not taxed, except for non-statutory family benefits.Noting, once again, the absence of specific information in the Government’s report in response to the Committee’s request, it urges the Government to provide detailed information indicating the manner in which effect is given to Article 12 of the Convention.

Articles 13 and 14. Terminations for economic or similar reasons. In its previous report in 2013, the Government indicated that the Ministry of Employment, Labour and Social Welfare signed 15 orders authorizing collective terminations for economic or similar reasons, covering 701 workers in 2012–13. The Committee invited the Government to indicate whether the dismissed workers were entitled to severance allowances (Article 12) and to provide information on the measures taken to mitigate the effects of terminations for economic or similar reasons, as envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).Noting that the Government’s report does not contain information in this regard, the Committee once again requests the Government to provide the information requested.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Observations by the Labour Confederation of Congo (CCT). Abusive dismissals. In its previous comments, the Committee invited the Government to provide its own comments on the observations of the CCT, indicating whether the dismissal of around 40 employees of a private multinational enterprise governed by French law were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also requested the Government to provide information on the measures adopted to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). In its report, the Government indicates that section 78 of the Labour Code adopted in 2002 prohibits mass dismissals, and that the information held by the Government does not indicate that the dismissed workers did not receive severance allowances, as no complaint was noted. The Committee notes that, with regard to measures adopted to mitigate the effects of the dismissals, the Government indicates that the provisions of section 78 of the Labour Code guarantee priority hiring in the event of a resumption of activity. The Committee also notes that section 78 provides that mass dismissals on economic grounds are prohibited, “except for possible exceptions that will be determined by an order of the Minister responsible for labour and social security” and sets out the applicable procedure. Noting that the Government provides information of a general nature concerning the above-mentioned dismissals, the Committee requests the Government to provide information on the procedure followed in the case reported by the CCT, including copies of inspection reports, where possible. It once again requests the Government to provide specific information indicating whether the dismissals were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also once again requests the Government to provide specific information on the measures adopted in this particular case to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).

In its previous comments, the Committee also requested the Government to provide a report containing information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. It also requested it to indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form). The Committee notes that the Government has provided inspection reports from 2014, 2015, 2016 and 2017 but that these reports do not contain information on the application of the above-mentioned Articles. The Committee therefore once again requests the Government to provide information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. It also reiterates its request to the Government to indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form).

Article 7. Procedure prior to, or at the time of, termination. In its previous comments, the Committee requested the Government to provide copies of collective agreements which provide for the possibility of a specific procedure to be followed prior to, or at the time of, termination, as required by the Convention, and to indicate the manner in which this provision of the Convention is given effect for workers not covered by collective agreements. The Government indicates that: (i) it ensures that collective agreements are in conformity with sections 63, 72, 73 and 75 of the Labour Code; and (ii) in addition to enterprise collective agreements, there is the national inter-occupational labour agreement, of which it provides a copy. The Committee nevertheless notes that the copy of the latter agreement was already provided by the Government in its 2013 report and that, in this regard, it considered that the above-mentioned collective agreement did not appear to envisage the possibility of a specific procedure to be followed prior to, or at the time of, termination. The Government adds that enterprises that have not concluded collective agreements are required to adhere to the sectoral collective agreement and the procedure to be followed prior to, or at the time of, termination is provided by the implementing measures, such as Order No. 12/CAB.MIN/TPS/116/2005 of 26 October 2005, determining the terms of dismissal of workers. The Committee notes with interest that Act No. 16/010 of 15 July 2016, amending and supplementing Act No. 015-2002 issuing the Labour Code, with respect to section 62, provides that “when the employer envisages dismissal for grounds related to the worker’s aptitude or conduct, he or she is required, before any decision is taken, to allow the person concerned to defend himself or herself against the allegations made or to provide an explanation for the grounds put forward”. The Committee requests the Government to provide up-to-date information on the application in practice of the Labour Code with regard to the possibility offered to workers to defend themselves against the allegations against them before any dismissal measures are imposed, as well as the application of the above Order. It also once again requests the Government to provide copies of the collective agreements which provide for the procedure to be followed prior to, or at the time of, termination.

Article 12. Severance allowance and other income protection. In its previous comments, the Committee noted that national legislation does not provide for severance allowances or other forms of income protection for dismissed workers. The Committee therefore reiterated its request to the Government to indicate the manner in which effect is given to Article 12 of the Convention. The Committee notes the Government’s indication that in order to prevent workers from being adversely affected, tax deductions are limited to 10 per cent during the notice period. However, other categories are not taxed, except for non-statutory family benefits. Noting, once again, the absence of specific information in the Government’s report in response to the Committee’s request, it urges the Government to provide detailed information indicating the manner in which effect is given to Article 12 of the Convention.

Articles 13 and 14. Terminations for economic or similar reasons. In its previous report in 2013, the Government indicated that the Ministry of Employment, Labour and Social Welfare signed 15 orders authorizing collective terminations for economic or similar reasons, covering 701 workers in 2012–13. The Committee invited the Government to indicate whether the dismissed workers were entitled to severance allowances (Article 12) and to provide information on the measures taken to mitigate the effects of terminations for economic or similar reasons, as envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). Noting that the Government’s report does not contain information in this regard, the Committee once again requests the Government to provide the information requested.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Observations by the Labour Confederation of Congo (CCT). Abusive dismissals. The CCT expresses concern at a collective labour dispute which involved the massive, abusive and unlawful dismissal of around 40 employees of a private multinational enterprise governed by French law, in which the public authorities are reported to have let the situation deteriorate, disregarding the provisions of the Convention. The CCT also refers in this context to the wilful violation by the employer of the OECD Guidelines for Multinational Enterprises, and particularly those on employment and industrial relations. The Committee notes that the CCT called on the authorities to ensure the reinstatement of workers subjected to abusive and unlawful dismissal and the application of the provisions of the Convention respecting severance allowances and collective dismissals. The Committee invites the Government to provide its own comments on the observations of the CCT. It hopes that the Government will be in a position to indicate whether the dismissals referred to were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also requests the Government to provide information on the measures adopted to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). It recalls that the ILO can provide assistance to promote the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.

In reply to the previous comments, the Government has provided the relevant provisions of Act No. 13/005 of 15 January 2013 issuing the conditions of service of military members of the armed forces of the Democratic Republic of the Congo (Article 2(4) of the Convention). The Committee once again invites the Government to provide a report containing information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. Please indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form).

Article 7. Procedure prior to, or at the time of, termination. The Government has provided the text of the national interoccupational collective agreement of December 2005, which does not appear to envisage the possibility of a specific procedure to be followed prior to, or at the time of, termination, as required by the Convention. The Committee once again invites the Government to provide copies of collective agreements which have provided for this possibility and to indicate in its next report the manner in which this provision of the Convention is given effect for workers not covered by collective agreements.

Article 12. Severance allowance and other income protection. The Government indicates in its report that section 63 of the Labour Code of 2002 protects employment and recommends reinstatement in the event of the abusive termination of the employment contract. In the absence of reinstatement, damages are set by the labour tribunal. The Committee emphasizes that this method of compensating unjustified termination, namely through the granting of damages by the court, is covered more by Article 10 of the Convention, which envisages the payment of adequate compensation or such other relief as may be deemed appropriate. The severance allowance, which is one form of income protection, needs to be distinguished from damages paid in the event of unjustified termination. Under the terms of Article 12 of the Convention, a worker whose employment has been terminated shall be entitled, in accordance with national law and practice, to either a severance allowance or other separation benefits; or to benefits from unemployment insurance or assistance or other forms of social security; or a combination of such allowance and benefits. The Committee recalls its previous comments and notes that the Labour Code does not specify the severance allowance which is to be paid to workers, in accordance with Article 12 of the Convention. The Committee once again invites the Government to indicate the manner in which effect is given to Article 12 of the Convention.

Articles 13 and 14. Terminations for economic or similar reasons. The Government indicates that the Ministry of Employment, Labour and Social Welfare signed 15 orders authorizing collective terminations for economic or similar reasons, covering 701 workers in 2012–13. The Committee invites the Government to indicate whether the dismissed workers were entitled to severance allowances (Article 12). It hopes that the Government will also be in a position to provide information on the measures taken to mitigate the effects of these terminations, as envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Observations by the Labour Confederation of Congo (CCT). Abusive dismissals. The CCT expresses concern at a collective labour dispute which involved the massive, abusive and unlawful dismissal of around 40 employees of a private multinational enterprise governed by French law, in which the public authorities are reported to have let the situation deteriorate, disregarding the provisions of the Convention. The CCT also refers in this context to the wilful violation by the employer of the OECD Guidelines for Multinational Enterprises, and particularly those on employment and industrial relations. The Committee notes that the CCT called on the authorities to ensure the reinstatement of workers subjected to abusive and unlawful dismissal and the application of the provisions of the Convention respecting severance allowances and collective dismissals. The Committee invites the Government to provide its own comments on the observations of the CCT. It hopes that the Government will be in a position to indicate whether the dismissals referred to were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also requests the Government to provide information on the measures adopted to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). It recalls that the ILO can provide assistance to promote the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.

In reply to the previous comments, the Government has provided the relevant provisions of Act No. 13/005 of 15 January 2013 issuing the conditions of service of military members of the armed forces of the Democratic Republic of the Congo (Article 2(4) of the Convention). The Committee once again invites the Government to provide a report containing information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. Please indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form).

Article 7. Procedure prior to, or at the time of, termination. The Government has provided the text of the national interoccupational collective agreement of December 2005, which does not appear to envisage the possibility of a specific procedure to be followed prior to, or at the time of, termination, as required by the Convention. The Committee once again invites the Government to provide copies of collective agreements which have provided for this possibility and to indicate in its next report the manner in which this provision of the Convention is given effect for workers not covered by collective agreements.

Article 12. Severance allowance and other income protection. The Government indicates in its report that section 63 of the Labour Code of 2002 protects employment and recommends reinstatement in the event of the abusive termination of the employment contract. In the absence of reinstatement, damages are set by the labour tribunal. The Committee emphasizes that this method of compensating unjustified termination, namely through the granting of damages by the court, is covered more by Article 10 of the Convention, which envisages the payment of adequate compensation or such other relief as may be deemed appropriate. The severance allowance, which is one form of income protection, needs to be distinguished from damages paid in the event of unjustified termination. Under the terms of Article 12 of the Convention, a worker whose employment has been terminated shall be entitled, in accordance with national law and practice, to either a severance allowance or other separation benefits; or to benefits from unemployment insurance or assistance or other forms of social security; or a combination of such allowance and benefits. The Committee recalls its previous comments and notes that the Labour Code does not specify the severance allowance which is to be paid to workers, in accordance with Article 12 of the Convention. The Committee once again invites the Government to indicate the manner in which effect is given to Article 12 of the Convention.

Articles 13 and 14. Terminations for economic or similar reasons. The Government indicates that the Ministry of Employment, Labour and Social Welfare signed 15 orders authorizing collective terminations for economic or similar reasons, covering 701 workers in 2012–13. The Committee invites the Government to indicate whether the dismissed workers were entitled to severance allowances (Article 12). It hopes that the Government will also be in a position to provide information on the measures taken to mitigate the effects of these terminations, as envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Observations by the Labour Confederation of Congo (CCT). Abusive dismissals. The CCT expresses concern at a collective labour dispute which involved the massive, abusive and unlawful dismissal of around 40 employees of a private multinational enterprise governed by French law, in which the public authorities are reported to have let the situation deteriorate, disregarding the provisions of the Convention. The CCT also refers in this context to the wilful violation by the employer of the OECD Guidelines for Multinational Enterprises, and particularly those on employment and industrial relations. The Committee notes that the CCT called on the authorities to ensure the reinstatement of workers subjected to abusive and unlawful dismissal and the application of the provisions of the Convention respecting severance allowances and collective dismissals. The Committee invites the Government to provide its own comments on the observations of the CCT. It hopes that the Government will be in a position to indicate whether the dismissals referred to were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also requests the Government to provide information on the measures adopted to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). It recalls that the ILO can provide assistance to promote the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.

In reply to the previous comments, the Government has provided the relevant provisions of Act No. 13/005 of 15 January 2013 issuing the conditions of service of military members of the armed forces of the Democratic Republic of the Congo (Article 2(4) of the Convention). The Committee once again invites the Government to provide a report containing information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. Please indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form).

Article 7. Procedure prior to, or at the time of, termination. The Government has provided the text of the national interoccupational collective agreement of December 2005, which does not appear to envisage the possibility of a specific procedure to be followed prior to, or at the time of, termination, as required by the Convention. The Committee once again invites the Government to provide copies of collective agreements which have provided for this possibility and to indicate in its next report the manner in which this provision of the Convention is given effect for workers not covered by collective agreements.

Article 12. Severance allowance and other income protection. The Government indicates in its report that section 63 of the Labour Code of 2002 protects employment and recommends reinstatement in the event of the abusive termination of the employment contract. In the absence of reinstatement, damages are set by the labour tribunal. The Committee emphasizes that this method of compensating unjustified termination, namely through the granting of damages by the court, is covered more by Article 10 of the Convention, which envisages the payment of adequate compensation or such other relief as may be deemed appropriate. The severance allowance, which is one form of income protection, needs to be distinguished from damages paid in the event of unjustified termination. Under the terms of Article 12 of the Convention, a worker whose employment has been terminated shall be entitled, in accordance with national law and practice, to either a severance allowance or other separation benefits; or to benefits from unemployment insurance or assistance or other forms of social security; or a combination of such allowance and benefits. The Committee recalls its previous comments and notes that the Labour Code does not specify the severance allowance which is to be paid to workers, in accordance with Article 12 of the Convention. The Committee once again invites the Government to indicate the manner in which effect is given to Article 12 of the Convention.

Articles 13 and 14. Terminations for economic or similar reasons. The Government indicates that the Ministry of Employment, Labour and Social Welfare signed 15 orders authorizing collective terminations for economic or similar reasons, covering 701 workers in 2012–13. The Committee invites the Government to indicate whether the dismissed workers were entitled to severance allowances (Article 12). It hopes that the Government will also be in a position to provide information on the measures taken to mitigate the effects of these terminations, as envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observations by the Labour Confederation of Congo (CCT). Abusive dismissals. The Committee notes the comments made by the CCT, which were forwarded to the Government in February 2013. The CCT expresses concern at a collective labour dispute which involved the massive, abusive and unlawful dismissal of around 40 employees of a private multinational enterprise governed by French law, in which the public authorities are reported to have let the situation deteriorate, disregarding the provisions of the Convention. The CCT also refers in this context to the wilful violation by the employer of the OECD Guidelines for Multinational Enterprises, and particularly those on employment and industrial relations. The Committee notes that the CCT called on the authorities to ensure the reinstatement of workers subjected to abusive and unlawful dismissal and the application of the provisions of the Convention respecting severance allowances and collective dismissals. The Committee invites the Government to provide its own comments on the observations of the CCT. It hopes that the Government will be in a position to indicate whether the dismissals referred to were based on valid reasons (Article 4 of the Convention) and whether the dismissed workers were entitled to severance allowances (Article 12). It also requests the Government to provide information on the measures adopted to mitigate the effects of the dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). It recalls that the ILO can provide assistance to promote the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.

The Committee notes the Government’s report, received in November 2013. In reply to the previous comments, the Government has provided the relevant provisions of Act No. 13/005 of 15 January 2013 issuing the conditions of service of military members of the armed forces of the Democratic Republic of the Congo (Article 2(4) of the Convention). The Committee once again invites the Government to provide a report containing information on the practice of the labour inspectorate and the decision of the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. Please indicate the number of appeals against termination, their outcome, the nature of the remedy awarded and the average time taken for an appeal to be decided (Parts IV and V of the report form).

Article 7. Procedure prior to, or at the time of, termination. The Government has provided the text of the national interoccupational collective agreement of December 2005, which does not appear to envisage the possibility of a specific procedure to be followed prior to, or at the time of, termination, as required by the Convention. The Committee once again invites the Government to provide copies of collective agreements which have provided for this possibility and to indicate in its next report the manner in which this provision of the Convention is given effect for workers not covered by collective agreements.

Article 12. Severance allowance and other income protection. The Government indicates in its report that section 63 of the Labour Code of 2002 protects employment and recommends reinstatement in the event of the abusive termination of the employment contract. In the absence of reinstatement, damages are set by the labour tribunal. The Committee emphasizes that this method of compensating unjustified termination, namely through the granting of damages by the court, is covered more by Article 10 of the Convention, which envisages the payment of adequate compensation or such other relief as may be deemed appropriate. The severance allowance, which is one form of income protection, needs to be distinguished from damages paid in the event of unjustified termination. Under the terms of Article 12 of the Convention, a worker whose employment has been terminated shall be entitled, in accordance with national law and practice, to either a severance allowance or other separation benefits; or to benefits from unemployment insurance or assistance or other forms of social security; or a combination of such allowance and benefits. The Committee recalls its previous comments and notes that the Labour Code does not specify the severance allowance which is to be paid to workers, in accordance with Article 12 of the Convention. The Committee once again invites the Government to indicate the manner in which effect is given to Article 12 of the Convention.

Articles 13 and 14. Terminations for economic or similar reasons. The Government indicates that the Ministry of Employment, Labour and Social Welfare signed 15 orders authorizing collective terminations for economic or similar reasons, covering 701 workers in 2012–13. The Committee invites the Government to indicate whether the dismissed workers were entitled to severance allowances (Article 12). It hopes that the Government will also be in a position to provide information on the measures taken to mitigate the effects of these terminations, as envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2010 observation which read as follows:

Repetition

The Committee notes the Government’s report received in June 2010. In its previous comments the Committee expressed concern at the fact that the Government had not provided information on the application of the Convention since July 2004 and had emphasized that technical assistance might be useful to rectify the situation. The ILO undertook a mission to Kinshasa in May 2010 precisely for this purpose. The Committee notes with interest the provisions of the Labour Code, adopted in October 2002, and of the Ministerial Orders adopted in October 2005 and August 2008 implementing the Convention. The Government also indicates that some 250 cases of termination of employment are examined each month by the General Labour Inspectorate. Approximately 100 cases are the subject of conciliation, 100 cases have been brought before the courts, and the other cases remain pending. The Committee requests the Government to continue to supply information on the practice of the labour inspectorate and the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. The Committee hopes that the next report will contain further information 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 (Parts IV and V of the report form). In view of the circumstances of the country, it would also be important to know the number of terminations for economic or similar reasons (Articles 13 and 14).

Article 2(4). Exclusions. The Committee previously noted that career civil servants were excluded from the scope of the 1967 Labour Code. These particular categories of employees were made subject to special regulations determined by Act No. 81/003 of 18 July 1981. The Committee notes that section 1 of the 2002 Labour Code excludes from its scope judges and magistrates, career civil servants governed by the general employment regulations and those governed by special employment regulations, and also certain members of the Congolese armed forces, the Congolese national police and the National Service. The Committee notes Organic Act No. 06/020 of 10 October 2006 establishing employment regulations for judges and magistrates, which states that judges are irremovable (section 14) and contains provisions on their dismissal (section 48 ff.). The Committee requests the Government to supply information in its next report on the protection afforded against wrongful dismissal to other categories of public sector employees such as officials in the armed forces and the national police.

Article 7. Procedure prior to or at the time of termination. The Government indicates in its report that the possibility for workers to defend themselves before termination is provided for in collective agreements. The Committee requests the Government to send copies of the collective agreements which provide for this possibility and to indicate in its next report the manner in which the application of this provision of the Convention to workers not covered by collective agreements is ensured.

Article 12. Severance allowance and other income protection. The Committee recalls its previous comments and notes that the 2002 Labour Code does not provide any indication on the severance allowance to be paid to workers. The Committee recalls that Article 12 provides that a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit. The Committee trusts that the Government will provide information on how it gives effect to this provision of the Convention.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2010 observation which read as follows:

Repetition

The Committee notes the Government’s report received in June 2010. In its previous comments the Committee expressed concern at the fact that the Government had not provided information on the application of the Convention since July 2004 and had emphasized that technical assistance might be useful to rectify the situation. The ILO undertook a mission to Kinshasa in May 2010 precisely for this purpose. The Committee notes with interest the provisions of the Labour Code, adopted in October 2002, and of the Ministerial Orders adopted in October 2005 and August 2008 implementing the Convention. The Government also indicates that some 250 cases of termination of employment are examined each month by the General Labour Inspectorate. Approximately 100 cases are the subject of conciliation, 100 cases have been brought before the courts, and the other cases remain pending. The Committee requests the Government to continue to supply information on the practice of the labour inspectorate and the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. The Committee hopes that the next report will contain further information 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 (Parts IV and V of the report form). In view of the circumstances of the country, it would also be important to know the number of terminations for economic or similar reasons (Articles 13 and 14).

Article 2(4). Exclusions. The Committee previously noted that career civil servants were excluded from the scope of the 1967 Labour Code. These particular categories of employees were made subject to special regulations determined by Act No. 81/003 of 18 July 1981. The Committee notes that section 1 of the 2002 Labour Code excludes from its scope judges and magistrates, career civil servants governed by the general employment regulations and those governed by special employment regulations, and also certain members of the Congolese armed forces, the Congolese national police and the National Service. The Committee notes Organic Act No. 06/020 of 10 October 2006 establishing employment regulations for judges and magistrates, which states that judges are irremovable (section 14) and contains provisions on their dismissal (section 48 ff.). The Committee requests the Government to supply information in its next report on the protection afforded against wrongful dismissal to other categories of public sector employees such as officials in the armed forces and the national police.

Article 7. Procedure prior to or at the time of termination. The Government indicates in its report that the possibility for workers to defend themselves before termination is provided for in collective agreements. The Committee requests the Government to send copies of the collective agreements which provide for this possibility and to indicate in its next report the manner in which the application of this provision of the Convention to workers not covered by collective agreements is ensured.

Article 12. Severance allowance and other income protection. The Committee recalls its previous comments and notes that the 2002 Labour Code does not provide any indication on the severance allowance to be paid to workers. The Committee recalls that Article 12 provides that a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit. The Committee trusts that the Government will provide information on how it gives effect to this provision of the Convention.

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

The Committee notes the Government’s report received in June 2010. In its previous comments the Committee expressed concern at the fact that the Government had not provided information on the application of the Convention since July 2004 and had emphasized that technical assistance might be useful to rectify the situation. The ILO undertook a mission to Kinshasa in May 2010 precisely for this purpose. The Committee notes with interest the provisions of the Labour Code, adopted in October 2002, and of the Ministerial Orders adopted in October 2005 and August 2008 implementing the Convention. The Government also indicates that some 250 cases of termination of employment are examined each month by the General Labour Inspectorate. Approximately 100 cases are the subject of conciliation, 100 cases have been brought before the courts, and the other cases remain pending. The Committee requests the Government to continue to supply information on the practice of the labour inspectorate and the courts on matters of principle relating to the application of Articles 4, 5 and 7 of the Convention. The Committee hopes that the next report will contain further information 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 (Parts IV and V of the report form). In view of the circumstances of the country, it would also be important to know the number of terminations for economic or similar reasons (Articles 13 and 14).

Article 2(4). Exclusions. The Committee previously noted that career civil servants were excluded from the scope of the 1967 Labour Code. These particular categories of employees were made subject to special regulations determined by Act No. 81/003 of 18 July 1981. The Committee notes that section 1 of the 2002 Labour Code excludes from its scope judges and magistrates, career civil servants governed by the general employment regulations and those governed by special employment regulations, and also certain members of the Congolese armed forces, the Congolese national police and the National Service. The Committee notes Organic Act No. 06/020 of 10 October 2006 establishing employment regulations for judges and magistrates, which states that judges are irremovable (section 14) and contains provisions on their dismissal (section 48 ff.). The Committee requests the Government to supply information in its next report on the protection afforded against wrongful dismissal to other categories of public sector employees such as officials in the armed forces and the national police.

Article 7. Procedure prior to or at the time of termination. The Government indicates in its report that the possibility for workers to defend themselves before termination is provided for in collective agreements. The Committee requests the Government to send copies of the collective agreements which provide for this possibility and to indicate in its next report the manner in which the application of this provision of the Convention to workers not covered by collective agreements is ensured.

Article 12. Severance allowance and other income protection. The Committee recalls its previous comments and notes that the 2002 Labour Code does not provide any indication on the severance allowance to be paid to workers. The Committee recalls that Article 12 provides that a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit. The Committee trusts that the Government will provide information on how it gives effect to this provision of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with concern that the Government has not provided information on the application of the Convention since its last report received in June 2002. The Committee understands that the Labour Code was adopted in October 2002. Major changes have occurred in the Democratic Republic of the Congo. In recent years, the Democratic Republic of the Congo has received technical assistance from the ILO and has been a recipient of aid from international financial institutions and other international partners in assisting in the country’s transitional process towards political and economic stability. The Committee asks the Government to provide up to date and detailed information on the application of the Convention, including court decisions relating to the Convention, available statistics on the activities of bodies of appeal and information on the number of terminations for economic or similar reasons in the context of the current economic reforms.

Article 12 of the Convention. Severance allowance and other income protection. The Committee recalls its 2002 direct request and notes that the 2002 Labour Code does not provide any indication as to the amount of severance to be paid to workers. The Committee recalls that Article 12 provides that a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit. The Committee trusts that the Government will provide information on how it gives effect to this provision of the Convention.

The Committee notes that the preparation of a detailed report, including the indications requested in this observation, will certainly provide the Government and the social partners with an opportunity to ensure protection against unfair dismissal as provided by the Convention. In this regard, the Government might wish to request further technical assistance from the relevant units of the ILO to address obstacles in reporting on compliance with the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last report received in June 2002. The Committee trusts that the Government will very soon be in a position to supply a report containing clear and up to date information, particularly in reply to the points raised in the Committee’s 2005 comments, which referred to the following matters:

1. Article 5(c) and (d) of the Convention. Invalid reasons for termination. The Government stated that section 62 of the draft revised Labour Code would ensure that sex, religion, matrimonial status, family responsibilities, pregnancy and the fact of having filed a complaint or taken part in an action brought against an employer or having lodged an appeal with the competent administrative authorities did not constitute valid reasons for dismissal. The Committee hopes that in its next report the Government will be in a position to state that the draft revised Labour Code has been adopted.

2. Article 12. Severance allowance and other income protection. The Government indicated that the provisions of this Article of the Convention are given effect to only by a Memorandum of Understanding concluded in October 1999 between company heads of the commerce sector represented by the Congolese Federation of Enterprises (FEC) and various trade union organizations, which provides for payment of a severance allowance, the amount of which depends on the length of service. The Committee noted that the Memorandum of Understanding was concluded under section 49 of the Labour Code which provides that a worker whose employment has been terminated may also be paid a termination allowance if the contract or collective agreement so provides. In this respect, the Committee recalls, once again, that under Article 1 of the Convention, where the provisions of the Convention are not made effective by means of collective agreements, arbitration awards or court decisions or in such other manner as may be consistent with national practice, they shall be given effect to by laws or regulations. The Committee also recalls that under Article 12, paragraph 1, a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit, and trusts that the Government will take the necessary steps to give effect to this provision of the Convention for workers who are not covered by the Memorandum of Understanding in the commerce sector or any other collective agreement, and that it will provide this information in its next report. The Government is also requested to indicate the manner in which it gives effect to Article 12, paragraph 3, under which, in the event of termination for serious misconduct, provision may be made for loss of entitlements or allowances by the methods of implementation referred to in Article 1 of the Convention.

3. Parts IV and V of the report form. Application of the provisions of the Convention in practice. Please provide the information required on the application of the Convention in practice, including court decisions involving questions of principle relating to the Convention, available statistics on the activities of bodies of appeal and information on the number of terminations for economic or similar reasons.

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

1. The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last report received in June 2002. The Committee trusts that the Government will very soon be in a position to supply a report containing clear and up to date information, particularly in reply to the points raised in the Committee’s 2005 direct request, which referred to the matters below.

2. Article 5(c) and (d) of the Convention. Invalid reasons for termination. The Government stated that section 62 of the draft revised Labour Code would ensure that sex, religion, matrimonial status, family responsibilities, pregnancy and the fact of having filed a complaint or taken part in an action brought against an employer or having lodged an appeal with the competent administrative authorities did not constitute valid reasons for dismissal. The Committee hopes that in its next report the Government will be in a position to state that the draft revised Labour Code has been adopted.

3. Article 12. Severance allowance and other income protection. The Government indicated that the provisions of this Article of the Convention are given effect to only by a Memorandum of Understanding concluded in October 1999 between company heads of the commerce sector represented by the Congolese Federation of Enterprises (FEC) and various trade union organizations, which provides for payment of a severance allowance, the amount of which depends on the length of service. The Committee noted that the Memorandum of Understanding was concluded under section 49 of the Labour Code which provides that a worker whose employment has been terminated may also be paid a termination allowance if the contract or collective agreement so provides. In this respect, the Committee recalls, once again, that under Article 1 of the Convention, where the provisions of the Convention are not made effective by means of collective agreements, arbitration awards or court decisions or in such other manner as may be consistent with national practice, they shall be given effect to by laws or regulations. The Committee also recalls that under Article 12, paragraph 1, a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit, and trusts that the Government will take the necessary steps to give effect to this provision of the Convention for workers who are not covered by the Memorandum of Understanding in the commerce sector or any other collective agreement, and that it will provide this information in its next report. The Government is also requested to indicate the manner in which it gives effect to Article 12, paragraph 3, under which, in the event of termination for serious misconduct, provision may be made for loss of entitlements or allowances by the methods of implementation referred to in Article 1 of the Convention.

4. Parts IV and V of the report form. Application of the provisions of the Convention in practice. Please provide the information required on the application of the Convention in practice, including court decisions involving questions of principle relating to the Convention, available statistics on the activities of bodies of appeal and information on the number of terminations for economic or similar reasons.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 2005 direct request, which read as follows:

The Committee notes the information supplied by the Government in June 2002 in answer to its direct request of 1997.

Article 5(c) and (d) of the Convention. The Committee notes the information that section 62 of the draft revised Labour Code will ensure that sex, religion, matrimonial status, family responsibilities, pregnancy and the fact of having filed a complaint or taken part in an action brought against an employer or having lodged an appeal with the competent administrative authorities do not constitute valid reasons for dismissal. It hopes that in its next report the Government will be in a position to state that the draft revised Labour Code has been adopted.

Article 12. The Committee notes the information that the provisions of this Article of the Convention are given effect to only by a memorandum of understanding concluded in October 1999 between company heads of the commerce sector represented by the Congolese Federation of Enterprises (FEC) and various trade union organizations, which provides for payment of a severance allowance, the amount of which depends on the length of service. The Committee notes that the memorandum of understanding was concluded under section 49 of the Labour Code which provides that a worker whose employment has been terminated may also be paid a termination allowance if the contract or collective agreement so provides.

The Committee would point out in this connection that, under Article 1 of the Convention, where the provisions of the Convention are not made effective by means of collective agreements, arbitration awards or court decisions or in such other manner as may be consistent with national practice, they shall be given effect to by laws or regulations. The Committee also recalls that under paragraph 1 of Article 12, a worker whose employment has been terminated shall be entitled to a severance allowance or any other form of income protection or benefit and trusts that the Government will take the necessary steps to give effect to this provision of the Convention for workers who are not covered by the memorandum of understanding in the commerce sector or any other collective agreement, and that it will provide information in this regard in its next report.

The Government is also requested to indicate the manner in which it gives effect to paragraph 3 of Article 12 under which, in the event of termination for serious misconduct, provision may be made for loss of entitlements or allowances by the methods of implementation referred to in Article 1 of the Convention.

Parts IV and V of the report form. Please provide the information required on the practical application of the Convention including, for example, court decisions involving questions of principle relating to the Convention, available statistical information on the activities of bodies of appeal and the number of terminations for economic or similar reasons.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in June 2002 in answer to its direct request of 1997.

Article 5(c) and (d) of the Convention. The Committee notes the information that section 62 of the draft revised Labour Code will ensure that sex, religion, matrimonial status, family responsibilities, pregnancy and the fact of having filed a complaint or taken part in an action brought against an employer or having lodged an appeal with the competent administrative authorities do not constitute valid reasons for dismissal. It hopes that in its next report the Government will be in a position to state that the draft revised Labour Code has been adopted.

Article 12. The Committee notes the information that the provisions of this Article of the Convention are given effect to only by a memorandum of understanding concluded in October 1999 between company heads of the commerce sector represented by the Congolese Federation of Enterprises (FEC) and various trade union organizations, which provides for payment of a severance allowance, the amount of which depends on the length of service. The Committee notes that the memorandum of understanding was concluded under section 49 of the Labour Code which provides that a worker whose employment has been terminated may also be paid a termination allowance if the contract or collective agreement so provides.

The Committee would point out in this connection that, under Article 1 of the Convention, where the provisions of the Convention are not made effective by means of collective agreements, arbitration awards or court decisions or in such other manner as may be consistent with national practice, they shall be given effect to by laws or regulations. The Committee also recalls that under paragraph 1 of Article 12, a worker whose employment has been terminated shall be entitled to a severance allowance or any other form of income protection or benefit and trusts that the Government will take the necessary steps to give effect to this provision of the Convention for workers who are not covered by the memorandum of understanding in the commerce sector or any other collective agreement, and that it will provide information in this regard in its next report.

The Government is also requested to indicate the manner in which it gives effect to paragraph 3 of Article 12 under which, in the event of termination for serious misconduct, provision may be made for loss of entitlements or allowances by the methods of implementation referred to in Article 1 of the Convention.

Parts IV and V of the report form. Please provide the information required on the practical application of the Convention including, for example, court decisions involving questions of principle relating to the Convention, available statistical information on the activities of bodies of appeal and the number of terminations for economic or similar reasons.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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 1997 direct request, which read as follows:

  Article 2, paragraphs 4 to 6, of the Convention. The Committee notes the information to the effect that "the provisions of Convention No. 158 are applied in Act No. 81/003 of 17 July 1981 relating to the status of career staff in state public services and in its implementing regulations".

  Article 5, paragraphs (c) and (d). The Committee notes that the Government refers to a forthcoming review of the legislation which might provide an opportunity to give effect to these provisions of the Convention. It hopes that the Government’s next report will contain information in regard to the result of the proposed review. The Committee trusts that the next report will also contain information on the manner in which guarantees are provided, by means of legislation or according to any other method of application provided for in Article 1 of the Convention, to the effect that sex, religion, marital status, family responsibilities, pregnancy, and the fact that an employee has made a complaint or participated in proceedings instituted against an employer, or has lodged an appeal to the competent administrative authorities, shall not constitute valid reasons for termination.

  Article 12. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to the provisions of this Article of the Convention. Please provide copies of the texts of the collective agreements containing provisions for severance allowance in case of termination. Please also specify whether the loss of entitlement to such severance allowance is provided for in the collective agreements in case of termination for serious misconduct, as defined in sections 58 and 60 of the Labour Code.

  Parts IV and V of the report form. Please provide the required information on the practical application of the Convention, by supplying copies of decisions rendered by courts in relation to termination, together with any relevant statistical  information.

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

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:

  Article 2, paragraphs 4 to 6, of the Convention.  The Committee notes the information to the effect that "the provisions of Convention No. 158 are applied in Act No. 81/003 of 17 July 1981 relating to the status of career staff in state public services and in its implementing regulations".

  Article 5, paragraphs (c) and (d).  The Committee notes that the Government refers to a forthcoming review of the legislation which might provide an opportunity to give effect to these provisions of the Convention. It hopes that the Government’s next report will contain information in regard to the result of the proposed review. The Committee trusts that the next report will also contain information on the manner in which guarantees are provided, by means of legislation or according to any other method of application provided for in Article 1 of the Convention, to the effect that sex, religion, marital status, family responsibilities, pregnancy, and the fact that an employee has made a complaint or participated in proceedings instituted against an employer, or has lodged an appeal to the competent administrative authorities, shall not constitute valid reasons for termination.

  Article 12.  The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to the provisions of this Article of the Convention. Please provide copies of the texts of the collective agreements containing provisions for severance allowance in case of termination. Please also specify whether the loss of entitlement to such severance allowance is provided for in the collective agreements in case of termination for serious misconduct, as defined in sections 58 and 60 of the Labour Code.

  Parts IV and V of the report form.  Please provide the required information on the practical application of the Convention, by supplying copies of decisions rendered by courts in relation to termination, together with any relevant statistical  information.

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:

Article 2, paragraphs 4 to 6, of the Convention. The Committee notes the information to the effect that "the provisions of Convention No. 158 are applied in Act No. 81/003 of 17 July 1981 relating to the status of career staff in state public services and in its implementing regulations".

Article 5, paragraphs (c) and (d). The Committee notes that the Government refers to a forthcoming review of the legislation which might provide an opportunity to give effect to these provisions of the Convention. It hopes that the Government's next report will contain information in regard to the result of the proposed review. The Committee trusts that the next report will also contain information on the manner in which guarantees are provided, by means of legislation or according to any other method of application provided for in Article 1 of the Convention, to the effect that sex, religion, marital status, family responsibilities, pregnancy, and the fact that an employee has made a complaint or participated in proceedings instituted against an employer, or has lodged an appeal to the competent administrative authorities, shall not constitute valid reasons for termination.

Article 12. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to the provisions of this Article of the Convention. Please provide copies of the texts of the collective agreements containing provisions for severance allowance in case of termination. Please also specify whether the loss of entitlement to such severance allowance is provided for in the collective agreements in case of termination for serious misconduct, as defined in sections 58 and 60 of the Labour Code.

Parts IV and V of the report form. Please provide the required information on the practical application of the Convention, by supplying copies of decisions rendered by courts in relation to termination, together with any relevant statistical information.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report and the brief information it contains in reply to its previous request. It hopes that the Government will be able to provide, in its next report, more detailed information on the application of the Convention, in particular as regards the following points.

Article 2, paragraphs 4 to 6, of the Convention. The Committee notes the information to the effect that "the provisions of Convention No. 158 are applied in Act No. 81/003 of 17 July 1981 relating to the status of career staff in state public services and in its implementing regulations".

Article 5, paragraphs (c) and (d). The Committee notes that the Government refers to a forthcoming review of the legislation which might provide an opportunity to give effect to these provisions of the Convention. It hopes that the Government's next report will contain information in regard to the result of the proposed review. The Committee trusts that the next report will also contain information on the manner in which guarantees are provided, by means of legislation or according to any other method of application provided for in Article 1 of the Convention, to the effect that sex, religion, marital status, family responsibilities, pregnancy, and the fact that an employee has made a complaint or participated in proceedings instituted against an employer, or has lodged an appeal to the competent administrative authorities, shall not constitute valid reasons for termination.

Article 12. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to the provisions of this Article of the Convention. Please provide copies of the texts of the collective agreements containing provisions for severance allowance in case of termination. Please also specify whether the loss of entitlement to such severance allowance is provided for in the collective agreements in case of termination for serious misconduct, as defined in sections 58 and 60 of the Labour Code.

Points IV and V of the report form. Please provide the required information on the practical application of the Convention, by supplying copies of decisions rendered by courts in relation to termination, together with any relevant statistical information.

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

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.

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

The Committee notes with regret that the Government's report has not been received for the third year in succession. 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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

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.

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

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.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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:

Article 2, paragraphs 4 to 6, of the Convention. The Committee notes that certain categories of workers, including established state officials covered by special regulations, are excluded from the application of the Labour Code of 1967 (section 1). The Committee would be grateful if the Government would provide information on the special rules which as a whole provide to these excluded categories of workers protection that is at least equivalent to the protection afforded under the Convention. The Committee also asks the Government to provide the information requested in the report form on the requisite consultations concerning such exclusions as well as information regarding the excluded categories required to be given in the second and the subsequent reports.

Article 5(c) and (d). The Committee notes that the provisions of the Labour Code do not guarantee that the fact of a workers' having filed a complaint or participated in proceedings against an employer or having had recourse to competent administrative authorities, shall not constitute a valid reason for his dismissal. It also notes that section 48 of the Labour Code does not include sex, marital status, family responsibilities, pregnancy (section 112 of the Labour Code prohibits termination of work contracts only during maternity leave), and religion among the non-valid grounds for termination of contract. The Committee would be grateful if the Government would indicate in its next report how effect is given to these provisions of the Convention in both law and practice.

Article 12. Please indicate the measures taken to give effect to the provisions of this Article which provide that a worker whose employment is to be terminated shall be entitled, in accordance with national law and practice, to a severance allowance or to other benefits referred to in subparagraphs (a) and (b) of paragraph 1. Where workers are entitled to severance allowance please indicate whether loss of entitlement to this allowance is provided for in the event of termination for serious misconduct and, if this is the case, indicate the definition of serious misconduct for this purpose.

Point V of the report form. The Committee notes from the Government's report that the General Labour Inspectorate has reported a growing number of terminations for economic or similar reasons. It hopes that the next report will contain the statistics which the Government said it would provide on this point, and, more generally, all relevant information on the manner in which the Convention is applied including, for example, information on the activities of the bodies to which appeals may be made.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's first report on the application of the Convention. It would be grateful if the Government would provide additional information on the following points in its next report:

Article 2, paragraphs 4 to 6, of the Convention. The Committee notes that certain categories of workers, including established state officials covered by special regulations, are excluded from the application of the Labour Code of 1967 (section 1). The Committee would be grateful if the Government would provide information on the special rules which as a whole provide to these excluded categories of workers protection that is at least equivalent to the protection afforded under the Convention. The Committee also asks the Government to provide the information requested in the report form on the requisite consultations concerning such exclusions as well as information regarding the excluded categories required to be given in the second and the subsequent reports.

Article 5(c) and (d). The Committee notes that the provisions of the Labour Code do not guarantee that the fact of a workers' having filed a complaint or participated in proceedings against an employer or having had recourse to competent administrative authorities, shall not constitute a valid reason for his dismissal. It also notes that section 48 of the Labour Code does not include sex, marital status, family responsibilities, pregnancy (section 112 of the Labour Code prohibits termination of work contracts only during maternity leave), and religion among the non-valid grounds for termination of contract. The Committee would be grateful if the Government would indicate in its next report how effect is given to these provisions of the Convention in both law and practice.

Article 12. Please indicate the measures taken to give effect to the provisions of this Article which provide that a worker whose employment is to be terminated shall be entitled, in accordance with national law and practice, to a severance allowance or to other benefits referred to in subparagraphs (a) and (b) of paragraph 1. Where workers are entitled to severance allowance please indicate whether loss of entitlement to this allowance is provided for in the event of termination for serious misconduct and, if this is the case, indicate the definition of serious misconduct for this purpose.

Point V of the report form. The Committee notes from the Government's report that the General Labour Inspectorate has reported a growing number of terminations for economic or similar reasons. It hopes that the next report will contain the statistics which the Government said it would provide on this point, and, more generally, all relevant information on the manner in which the Convention is applied including, for example, information on the activities of the bodies to which appeals may be made.