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

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 concerning the situation of the categories of employed persons excluded from the scope of Ordinance No. 89-18 of 8 December 1989 supplied under Article 2, paragraphs 4 and 6, of the Convention, court decisions giving effect to the provision of Article 5(c) and statistical information concerning terminations of employment for economic reasons (Article 14 and point V of the report form).

Part II

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

Part III

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