Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Termination of Employment Convention, 1982 (No. 158) - Saint Lucia (Ratification: 2000)

The Committee notes the Government’s report received in August 2012. It noted in its previous comments that the Labour Code of 2006, which was indicated by the Government as the instrument giving effect to the Convention, had not yet been enacted. The Committee notes with interest that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).

Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).

Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, i.e. six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]