Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Part V of the report form. Application in practice. The Committee notes the Government’s report which was received in September 2011. The Government indicates that, with regard to terminations on economic grounds, 587 cases were recorded in 2009, of which ten went to court and are still pending a decision due to the slowness of the legal proceedings. The Government also indicates that the social partners generally opt for recourse to the negotiated departure formula – a common practice during the closure of NGO activities and projects whose mandate is coming to an end. The Committee requests the Government to provide up-to-date information in its next report on the application of the Convention in practice, including court decisions concerning grounds for termination and periods of notice (Articles 4, 5, 6 and 11 of the Convention), statistics on the number of appeals against termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided.

Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. In its previous report, the Government indicated that section 55 of the Labour Code had never been used to circumvent the provisions of the Convention. The Committee noted in its direct request of 2010 that, under sections 54 and 55 of the Labour Code, contracts for a specified duration may be renewed without any limitation on the number of times. Contracts for a specified duration may be concluded for the replacement of a temporarily absent worker, for the length of a season, for an occasional increase in workload or for work that does not form part of the customary activities of the enterprise. The Committee again requests the Government to indicate in its next report the measures taken or contemplated in order to provide adequate safeguards against the excessive use of contracts for an unspecified duration.

Article 8. Period for exercising the right of appeal. The Government indicates that workers have a period of two years in which to exercise their right of appeal concerning labour matters.

Article 10. Provision of compensation, declaring unjustified termination invalid, and reinstatement. The Government indicates that the labour tribunal has the power to declare the termination invalid and to propose reinstatement should it identify any irregularity in the grounds and procedure for termination. The Government also indicates that, if the employer rejects the request for reinstatement, it is required by law to pay the worker compensation. The Committee requests the Government to send examples of relevant court decisions relating to the application of this provision of the Convention.

Article 11. Period of notice. The Government indicates that, in the event of serious misconduct, the employer may dismiss the worker without notice subject to providing written notification of termination of the contract and the grounds for termination. The Government also indicates that deciding whether serious misconduct has occurred is left to the discretion of the competent court. The Committee requests the Government to include in its next report examples of relevant court decisions relating to the appraisal by the courts of the concept of serious misconduct (section 83 of the Labour Code). In its previous comments, the Committee noted the provisions of section 81 of the Labour Code, according to which termination of an employment contract of indefinite duration is subject to a period of notice given by the party that initiates the termination of the contract. The conditions and period of notice were due to be the subject of an assessment by the Labour Advisory Committee and a government decree. The Committee requests the Government to indicate whether the regulatory measures provided for by the 1996 Labour Code have been adopted.

Article 12(3). Severance allowances. The Committee notes that section 79 of the Labour Code and the inter-occupational collective agreement provide for allowances to be paid to workers in the event of termination, except in cases of dismissal for serious misconduct. The Committee requests the Government to provide examples of case law which have applied the concept of serious misconduct.