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

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

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

Part I

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of Ordinance No. 89-18 of 8 December 1989 respecting the general conditions of service in the public service which repealed Act No. 59-06.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

Part II

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

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

Part III

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