Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

In response to the Committee’s 2006 direct request, the Government indicated in September 2008 that it had prepared, in coordination with the ILO, draft amendments to the Labour Code and submitted them to the social partners and the ILO for comments. The draft amendments were then revised in light of comments received. Discussions were held with parties concerned, and the draft was subsequently referred to the Ministry of Legal Affairs for redrafting and referral to the Council of Ministers, with a view to its eventual promulgation by the House of Representatives (Majlis El-Nouwab). The Committee notes the Government’s report received in September 2013 indicating that the Council of Ministers has adopted the amendments to the Labour Code. The Government adds that the amendments will be communicated in the near future to the House of Representatives. The Committee invites the Government to provide a copy of the amended Labour Code to the Office as soon as it is adopted. In view of these legislative amendments, the Committee requests the Government to provide detailed information in regards to the application of each provision of the Convention, as requested by the report form.

Article 2 of the Convention. Protection of domestic workers against unjustified dismissal. The Committee refers to its previous comments and asks the Government to provide information on the progress made in ensuring that domestic workers have the protection laid down in the Convention.

Article 11. Definition of serious misconduct. The Committee refers to its previous comments in which it noted that the grounds on which employment may be terminated without notice include breach of the “essential obligations” in the employment contract (section 35(h) of the Labour Code). The Committee once again invites the Government to indicate how “serious misconduct” is defined by the legislation for the purpose of Article 11 of the Convention. Please also indicate whether failure to fulfil “essential obligations” in the contract constitutes serious misconduct within the meaning of the Convention.

Application of the Convention in practice. The Committee invites the Government to provide information on the manner in which the Convention is applied in practice, such as examples of court decisions involving questions of principle relating to the application of the Convention (Part IV of the report form) and available statistics on the activities of the bodies of appeal and on the number of terminations for economic and similar reasons (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2015.]