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

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

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.