Termination of Employment Convention, 1982 (No. 158) - Papua New Guinea (Ratification: 2000)

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. For a number of years, the Committee has requested information concerning the ongoing revision of the Industrial Relations Bill which, according to the Government’s 2013 report, includes provisions on termination of employment with the objective of giving effect to the Convention. In its reply to the Committee’s previous comments, the Government indicates that the draft Industrial Relations Bill is still pending with the Department of Labour and Industrial Relations and is undergoing final technical consultations. The Government adds that the Department of Labour and Industrial Relations Technical Working Committee has carried out various consultations with national stakeholders, such as the Department Attorney General’s Office, the Office of the Solicitor General, the Constitution Law Reform Commission, the Department of Personnel Management, the Department of Treasury and the Department of Planning, Trade Commerce and Industry, as well as with external technical partners, including the ILO. Referring to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the new legislation gives full effect to the provisions of the Convention. It also reiterates its request that the Government provide a detailed report to the ILO and a copy of the legislation as soon as it is enacted, so as to enable the Committee to examine its compliance with the Convention.

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 with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. For a number of years, the Committee has requested information concerning the ongoing revision of the Industrial Relations Bill which, according to the Government’s 2013 report, includes provisions on termination of employment with the objective of giving effect to the Convention. In its reply to the Committee’s previous comments, the Government indicates that the draft Industrial Relations Bill is still pending with the Department of Labour and Industrial Relations and is undergoing final technical consultations. The Government adds that the Department of Labour and Industrial Relations Technical Working Committee has carried out various consultations with national stakeholders, such as the Department Attorney General’s Office, the Office of the Solicitor General, the Constitution Law Reform Commission, the Department of Personnel Management, the Department of Treasury and the Department of Planning, Trade Commerce and Industry, as well as with external technical partners, including the ILO.Referring to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the new legislation gives full effect to the provisions of the Convention. It also reiterates its request that the Government provide a detailed report to the ILO and a copy of the legislation as soon as it is enacted, so as to enable the Committee to examine its compliance with the Convention.

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)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. For a number of years, the Committee has requested information concerning the ongoing revision of the Industrial Relations Bill which, according to the Government’s 2013 report, includes provisions on termination of employment with the objective of giving effect to the Convention. In its reply to the Committee’s previous comments, the Government indicates that the draft Industrial Relations Bill is still pending with the Department of Labour and Industrial Relations and is undergoing final technical consultations. The Government adds that the Department of Labour and Industrial Relations Technical Working Committee has carried out various consultations with national stakeholders, such as the Department Attorney General’s Office, the Office of the Solicitor General, the Constitution Law Reform Commission, the Department of Personnel Management, the Department of Treasury and the Department of Planning, Trade Commerce and Industry, as well as with external technical partners, including the ILO. Referring to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the new legislation gives full effect to the provisions of the Convention. It also reiterates its request that the Government provide a detailed report to the ILO and a copy of the legislation as soon as it is enacted, so as to enable the Committee to examine its compliance with the Convention.

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

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

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

Repetition

Article 1 of the Convention. For a number of years, the Committee has requested information concerning the ongoing revision of the Industrial Relations Bill which, according to the Government’s 2013 report, includes provisions on termination of employment with the objective of giving effect to the Convention. In its reply to the Committee’s previous comments, the Government indicates that the draft Industrial Relations Bill is still pending with the Department of Labour and Industrial Relations and is undergoing final technical consultations. The Government adds that the Department of Labour and Industrial Relations Technical Working Committee has carried out various consultations with national stakeholders, such as the Department Attorney General’s Office, the Office of the Solicitor General, the Constitution Law Reform Commission, the Department of Personnel Management, the Department of Treasury and the Department of Planning, Trade Commerce and Industry, as well as with external technical partners, including the ILO. Referring to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the new legislation gives full effect to the provisions of the Convention. It also reiterates its request that the Government provide a detailed report to the ILO and a copy of the legislation as soon as it is enacted, so as to enable the Committee to examine its compliance with the Convention.

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Repetition

Article 1 of the Convention. For a number of years, the Committee has requested information concerning the ongoing revision of the Industrial Relations Bill which, according to the Government’s 2013 report, includes provisions on termination of employment with the objective of giving effect to the Convention. In its reply to the Committee’s previous comments, the Government indicates that the draft Industrial Relations Bill is still pending with the Department of Labour and Industrial Relations and is undergoing final technical consultations. The Government adds that the Department of Labour and Industrial Relations Technical Working Committee has carried out various consultations with national stakeholders, such as the Department Attorney General’s Office, the Office of the Solicitor General, the Constitution Law Reform Commission, the Department of Personnel Management, the Department of Treasury and the Department of Planning, Trade Commerce and Industry, as well as with external technical partners, including the ILO. Referring to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the new legislation gives full effect to the provisions of the Convention. It also reiterates its request that the Government provide a detailed report to the ILO and a copy of the legislation as soon as it is enacted, so as to enable the Committee to examine its compliance with the Convention.

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

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Article 1 of the Convention. For a number of years, the Committee has requested information concerning the ongoing revision of the Industrial Relations Bill which, according to the Government’s 2013 report, includes provisions on termination of employment with the objective of giving effect to the Convention. In its reply to the Committee’s previous comments, the Government indicates that the draft Industrial Relations Bill is still pending with the Department of Labour and Industrial Relations and is undergoing final technical consultations. The Government adds that the Department of Labour and Industrial Relations Technical Working Committee has carried out various consultations with national stakeholders, such as the Department Attorney General’s Office, the Office of the Solicitor General, the Constitution Law Reform Commission, the Department of Personnel Management, the Department of Treasury and the Department of Planning, Trade Commerce and Industry, as well as with external technical partners, including the ILO. Referring to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the new legislation gives full effect to the provisions of the Convention. It also reiterates its request that the Government provide a detailed report to the ILO and a copy of the legislation as soon as it is enacted, so as to enable the Committee to examine its compliance with the Convention.

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)

Article 1 of the Convention. For a number of years, the Committee has requested information concerning the ongoing revision of the Industrial Relations Bill which, according to the Government’s 2013 report, includes provisions on termination of employment with the objective of giving effect to the Convention. In its reply to the Committee’s previous comments, the Government indicates that the draft Industrial Relations Bill is still pending with the Department of Labour and Industrial Relations and is undergoing final technical consultations. The Government adds that the Department of Labour and Industrial Relations Technical Working Committee has carried out various consultations with national stakeholders, such as the Department Attorney General’s Office, the Office of the Solicitor General, the Constitution Law Reform Commission, the Department of Personnel Management, the Department of Treasury and the Department of Planning, Trade Commerce and Industry, as well as with external technical partners, including the ILO. Referring to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the new legislation gives full effect to the provisions of the Convention. It also reiterates its request that the Government provide a detailed report to the ILO and a copy of the legislation as soon as it is enacted, so as to enable the Committee to examine its compliance with the Convention.

[The Government is asked to reply in full to the present comments in 2018.]

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee noted in its 2011 observation that the Industrial Relations Bill had received legal clearance from the Office of the State Solicitor and was in its passage through the National Executive Council and the Parliament for promulgation. The Committee notes the Government’s report received in October 2013 indicating that the Industrial Relations Bill has been withdrawn from the Central Agency Consultative Committee in 2013 due to the fact that legal committees had noted irregularities and inconsistencies in the provisions of the Bill. The Government indicates that, following legislative reviews, the final revised Industrial Relations Bill should be submitted in early March 2014 to the National Executive Council for its ratification before being tabled in Parliament to be enacted into law. The Committee once again invites the Government to ensure that the new legislation is in full compliance with the Convention and to provide a report to the ILO as soon as the legislation is enacted, so as to enable the Committee to examine its compliance with the Convention. The Committee hopes that the Government will provide a detailed report in the very near future.

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

The Committee noted in its 2011 observation that the Industrial Relations Bill had received legal clearance from the Office of the State Solicitor and was in its passage through the National Executive Council and the Parliament for promulgation. The Committee notes the Government’s report received in October 2013 indicating that the Industrial Relations Bill has been withdrawn from the Central Agency Consultative Committee in 2013 due to the fact that legal committees had noted irregularities and inconsistencies in the provisions of the Bill. The Government indicates that, following legislative reviews, the final revised Industrial Relations Bill should be submitted in early March 2014 to the National Executive Council for its ratification before being tabled in Parliament to be enacted into law. The Committee once again invites the Government to ensure that the new legislation is in full compliance with the Convention and to provide a report to the ILO as soon as the legislation is enacted, so as to enable the Committee to examine its compliance with the Convention. The Committee hopes that the Government will provide a detailed report in the very near future.

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

The Committee notes the Government’s report received in September 2011 indicating that the Industrial Relations Bill has received legal clearance from the Office of the State Solicitor and is now in its passage through the National Executive Council and the Parliament for promulgation. It further indicates that, with the assistance of the ILO Pacific Office, progress is being made in the review of the Employment Act with the first round of consultations scheduled to begin in October 2011 and continuing through 2012. The Committee reiterates its previous comments and invites the Government to report on the enactment of the new Industrial Relations Act in order to ensure the full and effective application of each provision of the Convention. As soon as the new legislation is enacted, please provide a copy of its text to the ILO.

[The Government is invited to reply in detail to the present comments in 2013.]

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

The Committee notes the Government’s report received in June 2009 in reply to the 2007 observation. The Government indicates that the new Industrial Relations Act, now in its fifth draft, is before the National Tripartite Consultative Council for approval and will be referred to the National Executive Council for adoption, and will afterwards be submitted to Parliament for promulgation. The National Tripartite Consultative Council meeting was scheduled for August 2009. The Government further indicates that the provisions of the Convention will feature comprehensively in the new Industrial Relations Act and will be considered in the review of the Employment Act. The Committee hopes that in its next report, due in 2011, the Government will report on the enactment of the new Industrial Relations Act in order to ensure the full and effective application of each provision of the Convention. As soon as the new legislation is enacted, please provide a copy of its text to the ILO.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2007 observation, which read as follows:

The Committee notes the Government’s report received in January 2007, indicating that, whilst no major amendments have been encountered since its last report in 2002, progress has already been made in the review of the industrial relations machinery in the country, which will culminate in the establishment of a new industrial relations Act, a new industrial relations commission and a new industrial relations administrative structure that will look after the industrial relations processes. It notes that the new industrial relations Act is to be approved in 2007. The Committee hopes that the Government will report on the enactment of the new industrial relations Act in order to ensure the full and effective application of each provision of the Convention. It requests the Government to supply detailed information on the manner in which the Convention is applied in law and in practice. Please provide a copy of the legislation which gives effect to Convention No. 158, as well as the information specifically requested by the report form under each Article of the Convention.

In the light of the information which the Government is asked to provide regarding the current observation, the Committee will examine the conformity of the legislation and practice with the provisions of the Convention.

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

1. The Committee notes the Government’s report received in January 2007, indicating that, whilst no major amendments have been encountered since its last report in 2002, progress has already been made in the review of the industrial relations machinery in the country, which will culminate in the establishment of a new industrial relations Act, a new industrial relations commission and a new industrial relations administrative structure that will look after the industrial relations processes. It notes that the new industrial relations Act is to be approved in 2007. The Committee hopes that the Government will report on the enactment of the new industrial relations Act in order to ensure the full and effective application of each provision of the Convention. It requests the Government to supply detailed information on the manner in which the Convention is applied in law and in practice. Please provide a copy of the legislation which gives effect to Convention No. 158, as well as the information specifically requested by the report form under each Article of the Convention.

2. In the light of the information which the Government is asked to provide regarding the current observation, the Committee will examine the conformity of the legislation and practice with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2008.]

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:

1. The Committee notes the Government’s first report on the application of the Convention received in January 2004. The Government refers to the provisions of the 1978 Employment Act, the 1995 Public Services (Management) Act, the National Public Service General Orders, and the 1962 Industrial Organization Act. The Committee notes that the provisions of the 1978 Employment Act only partially give effect to Convention No. 158.

2. The Committee understands that the Government has undertaken a major review of all its labour legislation, commencing with an Industrial Relations Bill, which is to consolidate the Industrial Relations Act, the Industrial Organizations Act, the Public Service Conciliation and Arbitration Act and the Teaching Service Conciliation and Arbitration Act. It also understands that the Office is providing assistance to the Government and the social partners in the drafting process of the 2005 Bill. It notes that Part X of the 2005 Bill on Termination of Employment includes the draft provisions necessary to give effect to Convention No. 158, which has been in force in Papua New Guinea since 2 June 2001. It therefore asks the Government to indicate in its next report on the application of Convention No. 158, which is due in 2006, if the 2005 Industrial Relations Bill has been enforced and indicate the provisions of the 1978 Employment Act that have been replaced. It also requests the Government to provide in its next report copy of the legislation which gives effect to Convention No. 158 as well as the information specifically requested under each Article of the Convention.

3. In the light of the information which the Government is invited to provide regarding the current request, the Committee will examine further the conformity of the legislation and practice with the provisions of the Convention and may formulate new comments accordingly.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s first report on the application of the Convention received in January 2004. The Government refers to the provisions of the 1978 Employment Act, the 1995 Public Services (Management) Act, the National Public Service General Orders, and the 1962 Industrial Organization Act. The Committee notes that the provisions of the 1978 Employment Act only partially give effect to Convention No. 158.

2. The Committee understands that the Government has undertaken a major review of all its labour legislation, commencing with an Industrial Relations Bill, which is to consolidate the Industrial Relations Act, the Industrial Organizations Act, the Public Service Conciliation and Arbitration Act and the Teaching Service Conciliation and Arbitration Act. It also understands that the Office is providing assistance to the Government and the social partners in the drafting process of the 2005 Bill. It notes that Part X of the 2005 Bill on Termination of Employment includes the draft provisions necessary to give effect to Convention No. 158, which has been in force in Papua New Guinea since 2 June 2001. It therefore asks the Government to indicate in its next report on the application of Convention No. 158, which is due in 2006, if the 2005 Industrial Relations Bill has been enforced and indicate the provisions of the 1978 Employment Act that have been replaced. It also requests the Government to provide in its next report copy of the legislation which gives effect to Convention No. 158 as well as the information specifically requested under each Article of the Convention.

3. In the light of the information which the Government is invited to provide regarding the current request, the Committee will examine further the conformity of the legislation and practice with the provisions of the Convention and may formulate new comments accordingly.