Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Termination of Employment Convention, 1982 (No. 158) - Yemen (Ratification: 1989)

The Committee notes the Government's report and the useful information that it contains in reply to its previous request. It would be grateful if the Government would provide additional information in its next report on the following points:

Article 2 of the Convention. The Committee notes that casual workers and domestic workers are excluded from the scope of the Labour Code. It notes that an Ordinance governing the employment of domestic workers is being prepared. Please provide the text of the Ordinance once it has been adopted. The Committee also notes that a draft Ordinance governing casual work is under examination. Please provide information on the progress made in this regard.

Article 7. The Committee recalls that the worker must be provided with an opportunity to defend himself against any allegations made before his employment be terminated for reasons related to his conduct or performance. The Committee once again requests the Government to indicate the manner in which effect is given to this Article in the case of termination for a reason other than a breach of discipline.

Article 11. The Committee once again requests the Government to indicate what is meant by the expression "essential obligations" of the contract (section 35(h) of the Labour Code) and whether their breach would constitute serious misconduct within the meaning of this Article of the Convention.

Article 13. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that workers' representatives are consulted when the employer contemplates terminations for reasons of an economic, technological or similar nature. Please indicate whether the adoption of new legislative provisions is envisaged in order to give effect to this Article of the Convention.

Part IV of the report form. Please supply examples of court decisions relating to the application of the provisions of the Convention.