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

Termination of Employment Convention, 1982 (No. 158) - Malawi (Ratification: 1986)

The Committee takes note of the Government's first and second reports on the application of the Convention. It would be grateful if, in its next report, the Government would communicate information on the following points:

Article 2 of the Convention. Please indicate whether the national legislation which gives effect to the provisions of the Convention covers all branches of economic activity and all employed persons.

Article 4. The Committee has noted that under section 10 of the Employment Act of 1964 no valid reason need be given in case of termination of a contract of employment by the employer with notice. It would like to draw the Government's attention to the fact that this Article of the Convention requires there to be a valid reason for any termination of employment, whether with or without notice. It therefore asks the Government to provide, in its next report, information on measures taken or envisaged in order to bring the national legislation into conformity with the Convention in this regard.

Article 5. Please indicate how it is guaranteed that the following shall not constitute valid reasons for termination: (a) union membership or participation in union activities; (b) seeking office as, or acting in the capacity of, a workers' representative; (c) the filing of a complaint or the participation in proceedings against an employer; (d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; (e) absence from work during maternity leave.

Article 6. It appears that under national legislation (Apprenticeship Regulations of 1964, Second Schedule, paragraph 2(d) and Apprenticeship (General) Order of 1966, section 13; Employment Act of 1964, section 18) apprentices and employees whose contracts are for less than three months do not enjoy the protection of this Article. The Committee therefore asks the Government to indicate how effect is given, or is supposed to be given to this Article in respect of these categories of workers.

Article 7. Please indicate whether a worker is provided an opportunity to defend himself, prior to or at the time of termination of the employment for reasons related to his conduct or performance, against the allegations made.

Article 8, paragraph 1. Please indicate whether workers whose employment has been terminated with or without notice are entitled to appeal against the termination to an impartial body, such as a court, labour tribunal, arbitration committee or arbitrator.

Article 12, paragraph 1. The Government states in its first report that "where the worker is so entitled either by legislation or the terms stated in his contract of employment, he is entitled to all other terminal benefits such as ... severance pay ...". The Committee therefore asks the Government to indicate clearly the provision of the legislation according to which a worker shall be entitled to severance allowance or other separation benefits, or benefits from unemployment insurance or assistance, in accordance with this Article.

Articles 13 and 14. (Consultation of workers' representatives and notification to the competent authority in cases of termination of employment for economic, technological, structural or similar reasons.) Please indicate how effect is given to these Articles by laws or regulations, or by other methods of implementation referred to in Article 1 of the Convention.

Point V of the report form. Please provide general information on the manner in which the Convention is applied in practice, indicating any difficulties encountered in the implementation of the Convention.