Termination of Employment Convention, 1982 (No. 158) - Uganda (Ratification: 1990)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application of the Convention in practice. For a number of years, the Committee has been requesting the Government to provide information on the application of the Convention, including copies of court decisions involving questions of principle relating to the Convention (Part IV of the report form) and statistics on the activities of the appellate bodies and number of terminations for economic or similar reasons. In its brief report, the Government refers to an unspecified judicial decision on unjustified dismissal and indicates that no statistical information is available regarding terminations for economic or similar reasons, given that its labour statistics are not fully developed.The Committee reiterates its request that the Government include in its next report information on the manner in which the Employment Act No. 6 of 2006 is applied in practice, including copies of court decisions involving questions of principle relating to the application of the Convention, and available statistics on the activities of the appellate bodies (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 this context, the Committee requests the Government to consider the possibility of availing itself of technical assistance from the Office to assist with the development of such statistical information.

Article 2(3) of the Convention. Adequate safeguards.The Committee notes that the Government’s report does not contain a reply to its previous comments on this point. The Committee therefore once again requests the Government to indicate what adequate safeguards are provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protections under the Convention.

Exclusions. The Committee previously requested the Government to provide information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces, categories of workers which were excluded from the application of the Employment Act. The Committee notes, however, that the Government does not provide information in this regard.The Committee therefore reiterates its request that the Government provide information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces.

Article 5. Invalid reasons for termination. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to indicate how effect is given to Article 5(d) of the Convention with respect to workers with family responsibilities and Article 5(e) with respect to maternity leave.

Article 6. Temporary absence from work. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to indicate the extent to which medical certification is required as a proof of the employee’s temporary absence being due to illness or injury.

Article 9(2). Burden of proof. Operational requirements of the undertaking. In its previous comments, the Committee requested the Government to indicate which legal texts give effect to this provision of the Convention. The Government does not, however, provide information in this respect.The Committee once again requests the Government to indicate what legal texts give effect to this provision of the Convention, whether through subparagraphs (a) or (b) or both. If this provision of the Convention is applied through subparagraph (b), please indicate how the rules and procedures governing evidence ensure that the worker does not have to bear alone the burden of proving that the termination was not justified. Please also specify whether courts are empowered under section 71(5) of the Employment Act to determine whether the termination was based on the operational requirements of the undertaking and the extent to which courts are empowered to decide whether these reasons justify the termination.

Article 11. Summary dismissal. The Committee recalls that in its previous comments, it requested the Government to provide information on the application in practice of section 69(3) of the Employment Act concerning the conditions under which an employer is entitled to summarily dismiss an employee.Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the application of section 69(3) by the courts, by supplying copies of judicial decisions involving questions of summary dismissal.

Article 12. Severance payments. The Committee recalls that in its previous comments, it requested the Government to indicate how section 89 of the Employment Act regarding the calculation of severance pay is applied in practice. The Committee notes, however, that the Government does not provide information regarding the calculation of severance payments.The Committee therefore once again requests the Government to indicate how section 89 of the Employment Act is applied in practice and whether the amount of the severance allowance is based on the workers’ length of service and the level of wages. Furthermore, the Committee once again requests the Government to indicate how summary dismissal is defined with respect to section 88(1) of the Employment Act.

Article 13. Consultation of workers’ representatives. The Committee reiterates its previous comments and once again requests the Government to indicate how Article 13(1)(b) is applied in practice and, in particular, in what manner provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must be given and the objects of such consultation.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Application of the Convention in practice. For a number of years, the Committee has been requesting the Government to provide information on the application of the Convention, including copies of court decisions involving questions of principle relating to the Convention (Part IV of the report form) and statistics on the activities of the appellate bodies and number of terminations for economic or similar reasons. In its brief report, the Government refers to an unspecified judicial decision on unjustified dismissal and indicates that no statistical information is available regarding terminations for economic or similar reasons, given that its labour statistics are not fully developed. The Committee reiterates its request that the Government include in its next report information on the manner in which the Employment Act No. 6 of 2006 is applied in practice, including copies of court decisions involving questions of principle relating to the application of the Convention, and available statistics on the activities of the appellate bodies (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 this context, the Committee requests the Government to consider the possibility of availing itself of technical assistance from the Office to assist with the development of such statistical information.

Article 2(3) of the Convention. Adequate safeguards. The Committee notes that the Government’s report does not contain a reply to its previous comments on this point. The Committee therefore once again requests the Government to indicate what adequate safeguards are provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protections under the Convention.

Exclusions. The Committee previously requested the Government to provide information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces, categories of workers which were excluded from the application of the Employment Act. The Committee notes, however, that the Government does not provide information in this regard. The Committee therefore reiterates its request that the Government provide information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces.

Article 5. Invalid reasons for termination. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to indicate how effect is given to Article 5(d) of the Convention with respect to workers with family responsibilities and Article 5(e) with respect to maternity leave.

Article 6. Temporary absence from work. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to indicate the extent to which medical certification is required as a proof of the employee’s temporary absence being due to illness or injury.

Article 9(2). Burden of proof. Operational requirements of the undertaking. In its previous comments, the Committee requested the Government to indicate which legal texts give effect to this provision of the Convention. The Government does not, however, provide information in this respect. The Committee once again requests the Government to indicate what legal texts give effect to this provision of the Convention, whether through subparagraphs (a) or (b) or both. If this provision of the Convention is applied through subparagraph (b), please indicate how the rules and procedures governing evidence ensure that the worker does not have to bear alone the burden of proving that the termination was not justified. Please also specify whether courts are empowered under section 71(5) of the Employment Act to determine whether the termination was based on the operational requirements of the undertaking and the extent to which courts are empowered to decide whether these reasons justify the termination.

Article 11. Summary dismissal. The Committee recalls that in its previous comments, it requested the Government to provide information on the application in practice of section 69(3) of the Employment Act concerning the conditions under which an employer is entitled to summarily dismiss an employee. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the application of section 69(3) by the courts, by supplying copies of judicial decisions involving questions of summary dismissal.

Article 12. Severance payments. The Committee recalls that in its previous comments, it requested the Government to indicate how section 89 of the Employment Act regarding the calculation of severance pay is applied in practice. The Committee notes, however, that the Government does not provide information regarding the calculation of severance payments. The Committee therefore once again requests the Government to indicate how section 89 of the Employment Act is applied in practice and whether the amount of the severance allowance is based on the workers’ length of service and the level of wages. Furthermore, the Committee once again requests the Government to indicate how summary dismissal is defined with respect to section 88(1) of the Employment Act.

Article 13. Consultation of workers’ representatives. The Committee reiterates its previous comments and once again requests the Government to indicate how Article 13(1)(b) is applied in practice and, in particular, in what manner provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must be given and the objects of such consultation.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Observations from the International Organisation of Employers (IOE). The Committee notes the communication of August 2014 whereby the IOE included Uganda in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.

In reply to its previous comments, the Committee notes that the Government states that sections 65–86 of Employment Act No. 6 of 2006 provide for termination of employment and the procedures that must be followed by the employer and the labour unions. The Committee invites the Government to include in its next report information on the manner in which the Employment Act is applied in practice, including copies 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 (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.

Article 2(3) of the Convention. Adequate safeguards. The Committee notes that section 65(1)(b) of the Employment Act states that termination shall be deemed to take place when the contract of service, being a contract for a fixed term or task, ends with the expiry of the specified term or the completion of the specified task and is not renewed within a period of one week from the date of expiry on the same terms or terms not less favourable to the employee. The Committee invites the Government to indicate what adequate safeguards are 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.

Exclusions. The Committee notes that section 3(2) of the Employment Act provides that the Act does not apply to employers and their dependent relatives and the Uganda Peoples’ Defence Forces. The Committee invites the Government to provide further information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces, categories of workers which were excluded from the application of the Employment Act.

Article 5. Invalid reasons for termination. The Committee notes that section 75(g) of the Employment Act provides that an employee’s race, colour, sex, religion, political opinion or affiliation, national extraction, nationality, social origin, marital status, HIV status or disability shall not constitute valid reasons for dismissal. Section 75(a) deals with pregnancy or reasons connected to pregnancy. The Committee invites the Government to indicate how effect is given to Article 5(d) of the Convention with respect to workers with family responsibilities and Article 5(e) with respect to maternity leave.

Article 6(2). Temporary absence from work. The Committee notes that section 75(1) of the Employment Act provides the maximum duration of the temporary absence, three months; however, the Act does not specify if medical certification is required. The Committee invites the Government to indicate the extent to which medical certification is required for the purpose of Article 6(1).

Article 9. Burden of proof. Operational requirements of the undertaking. The Committee notes that no information on court procedures is found in the Employment Act with respect to the burden of proof, that is, for the worker not to have to bear alone the burden of proving that the termination was not justified. The Committee invites the Government to indicate what legal texts give effect to this provision of the Convention and whether by subparagraphs (a) or (b) or both. If it is applied by subparagraph (b), please indicate how the rules and procedures governing evidence ensure that the worker does not have to bear alone the burden of proving that the termination was not justified. Please also specify whether courts are empowered under section 71(5) of the Employment Act to determine whether the termination was based on the operational requirements of the undertaking and the extent to which courts are empowered to decide whether these reasons justify the termination.

Article 11. Summary dismissal. The Committee notes that section 58 of the Employment Act states that a contract of service shall not be terminated by an employer unless he or she gives notice to the employee, except where the contract of employment is terminated summarily in accordance with section 69. In this regard, section 69(3) of the Employment Act provides that an employer is entitled to dismiss summarily “where the employee has, by his or her conduct indicated that he or she has fundamentally broken his or her obligations arising under the contract of service”. The Committee invites the Government to include information on the application of section 69(3) by the courts, by supplying copies of leading decisions involving questions of summary dismissal.

Article 12. Severance payments. The Committee notes that section 87 of the Employment Act states that an employer shall pay severance allowance if an employee has been in continuous service for a period of six months or more and where any of the specified situations apply, which include an employee unfairly dismissed by the employer. It notes that section 88(1) of the Act provides that no severance allowance shall be paid if an employee is summarily dismissed with justification. Furthermore, section 89 provides that the calculation of severance pay shall be negotiable between the employer and the workers or the labour union that represents them. The Committee invites the Government to indicate how section 89 of the Employment Act is applied and whether the amount of the severance allowance is based on the workers’ length of service and the level of wages. The Government may also be invited to indicate how summary dismissal is defined with respect to section 88(1) of the Employment Act.

Article 13. Consultation of workers’ representatives. The Committee notes that section 81(1)(a) of the Employment Act states that, if an employer contemplates the termination of not less than ten employees over a period of not more than three months for reasons of an economic, technological, structural or similar nature, it shall provide the representatives of the labour union with relevant information at least four weeks before the termination. The Committee invites the Government to indicate how Article 13(1)(b) is applied and, in particular, in what manner provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must be given and the objects of such consultation.

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

Observations from the International Organisation of Employers (IOE). The Committee notes the communication of August 2014 whereby the IOE included Uganda in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

In reply to its previous comments, the Committee notes that the Government states that sections 65–86 of Employment Act No. 6 of 2006 provide for termination of employment and the procedures that must be followed by the employer and the labour unions. The Committee invites the Government to include in its next report information on the manner in which the Employment Act is applied in practice, including copies 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 (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).

Article 2(3) of the Convention. Adequate safeguards. The Committee notes that section 65(1)(b) of the Employment Act states that termination shall be deemed to take place when the contract of service, being a contract for a fixed term or task, ends with the expiry of the specified term or the completion of the specified task and is not renewed within a period of one week from the date of expiry on the same terms or terms not less favourable to the employee. The Committee invites the Government to indicate what adequate safeguards are 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.

Exclusions. The Committee notes that section 3(2) of the Employment Act provides that the Act does not apply to employers and their dependent relatives and the Uganda Peoples’ Defence Forces. The Committee invites the Government to provide further information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces, categories of workers which were excluded from the application of the Employment Act.

Article 5. Invalid reasons for termination. The Committee notes that section 75(g) of the Employment Act provides that an employee’s race, colour, sex, religion, political opinion or affiliation, national extraction, nationality, social origin, marital status, HIV status or disability shall not constitute valid reasons for dismissal. Section 75(a) deals with pregnancy or reasons connected to pregnancy. The Committee invites the Government to indicate how effect is given to Article 5(d) of the Convention with respect to workers with family responsibilities and Article 5(e) with respect to maternity leave.

Article 6(2). Temporary absence from work. The Committee notes that section 75(1) of the Employment Act provides the maximum duration of the temporary absence, three months; however, the Act does not specify if medical certification is required. The Committee invites the Government to indicate the extent to which medical certification is required for the purpose of Article 6(1).

Article 9. Burden of proof. Operational requirements of the undertaking. The Committee notes that no information on court procedures is found in the Employment Act with respect to the burden of proof, that is, for the worker not to have to bear alone the burden of proving that the termination was not justified. The Committee invites the Government to indicate what legal texts give effect to this provision of the Convention and whether by subparagraphs (a) or (b) or both. If it is applied by subparagraph (b), please indicate how the rules and procedures governing evidence ensure that the worker does not have to bear alone the burden of proving that the termination was not justified. Please also specify whether courts are empowered under section 71(5) of the Employment Act to determine whether the termination was based on the operational requirements of the undertaking and the extent to which courts are empowered to decide whether these reasons justify the termination.

Article 11. Summary dismissal. The Committee notes that section 58 of the Employment Act states that a contract of service shall not be terminated by an employer unless he or she gives notice to the employee, except where the contract of employment is terminated summarily in accordance with section 69. In this regard, section 69(3) of the Employment Act provides that an employer is entitled to dismiss summarily “where the employee has, by his or her conduct indicated that he or she has fundamentally broken his or her obligations arising under the contract of service”. The Committee invites the Government to include in its next report information on the application of section 69(3) by the courts, by supplying copies of leading decisions involving questions of summary dismissal.

Article 12. Severance payments. The Committee notes that section 87 of the Employment Act states that an employer shall pay severance allowance if an employee has been in continuous service for a period of six months or more and where any of the specified situations apply, which include an employee unfairly dismissed by the employer. It notes that section 88(1) of the Act provides that no severance allowance shall be paid if an employee is summarily dismissed with justification. Furthermore, section 89 provides that the calculation of severance pay shall be negotiable between the employer and the workers or the labour union that represents them. The Committee invites the Government to indicate how section 89 of the Employment Act is applied and whether the amount of the severance allowance is based on the workers’ length of service and the level of wages. The Government may also be invited to indicate how summary dismissal is defined with respect to section 88(1) of the Employment Act.

Article 13. Consultation of workers’ representatives. The Committee notes that section 81(1)(a) of the Employment Act states that, if an employer contemplates the termination of not less than ten employees over a period of not more than three months for reasons of an economic, technological, structural or similar nature, it shall provide the representatives of the labour union with relevant information at least four weeks before the termination. The Committee invites the Government to indicate how Article 13(1)(b) is applied and, in particular, in what manner provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must be given and the objects of such consultation.

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

In reply to its previous comments, the Committee notes the brief report received in June 2012 in which the Government states that sections 65–86 of Employment Act No. 6 of 2006 provide for termination of employment and the procedures that must be followed by the employer and the labour unions. The Committee invites the Government to include in its next report information on the manner in which the Employment Act is applied in practice, including copies 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 (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).

Article 2(3) of the Convention. Adequate safeguards. The Committee notes that section 65(1)(b) of the Employment Act states that termination shall be deemed to take place when the contract of service, being a contract for a fixed term or task, ends with the expiry of the specified term or the completion of the specified task and is not renewed within a period of one week from the date of expiry on the same terms or terms not less favourable to the employee. The Committee invites the Government to indicate what adequate safeguards are 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.

Exclusions. The Committee notes that section 3(2) of the Employment Act provides that the Act does not apply to employers and their dependent relatives and the Uganda Peoples’ Defence Forces. The Committee invites the Government to provide further information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces, categories of workers which were excluded from the application of the Employment Act.

Article 5. Invalid reasons for termination. The Committee notes that section 75(g) of the Employment Act provides that an employee’s race, colour, sex, religion, political opinion or affiliation, national extraction, nationality, social origin, marital status, HIV status or disability shall not constitute valid reasons for dismissal. Section 75(a) deals with pregnancy or reasons connected to pregnancy. The Committee invites the Government to indicate how effect is given to Article 5(d) of the Convention with respect to workers with family responsibilities and Article 5(e) with respect to maternity leave.

Article 6(2). Temporary absence from work. The Committee notes that section 75(1) of the Employment Act provides the maximum duration of the temporary absence, three months; however, the Act does not specify if medical certification is required. The Committee invites the Government to indicate the extent to which medical certification is required for the purpose of Article 6(1).

Article 9. Burden of proof. Operational requirements of the undertaking. The Committee notes that no information on court procedures is found in the Employment Act with respect to the burden of proof, that is, for the worker not to have to bear alone the burden of proving that the termination was not justified. The Committee invites the Government to indicate what legal texts give effect to this provision of the Convention and whether by subparagraphs (a) or (b) or both. If it is applied by subparagraph (b), please indicate how the rules and procedures governing evidence ensure that the worker does not have to bear alone the burden of proving that the termination was not justified. Please also specify whether courts are empowered under section 71(5) of the Employment Act to determine whether the termination was based on the operational requirements of the undertaking and the extent to which courts are empowered to decide whether these reasons justify the termination.

Article 11. Summary dismissal. The Committee notes that section 58 of the Employment Act states that a contract of service shall not be terminated by an employer unless he or she gives notice to the employee, except where the contract of employment is terminated summarily in accordance with section 69. In this regard, section 69(3) of the Employment Act provides that an employer is entitled to dismiss summarily “where the employee has, by his or her conduct indicated that he or she has fundamentally broken his or her obligations arising under the contract of service”. The Committee invites the Government to include in its next report information on the application of section 69(3) by the courts, by supplying copies of leading decisions involving questions of summary dismissal.

Article 12. Severance payments. The Committee notes that section 87 of the Employment Act states that an employer shall pay severance allowance if an employee has been in continuous service for a period of six months or more and where any of the specified situations apply, which include an employee unfairly dismissed by the employer. It notes that section 88(1) of the Act provides that no severance allowance shall be paid if an employee is summarily dismissed with justification. Furthermore, section 89 provides that the calculation of severance pay shall be negotiable between the employer and the workers or the labour union that represents them. The Committee invites the Government to indicate how section 89 of the Employment Act is applied and whether the amount of the severance allowance is based on the workers’ length of service and the level of wages. The Government may also be invited to indicate how summary dismissal is defined with respect to section 88(1) of the Employment Act.

Article 13. Consultation of workers’ representatives. The Committee notes that section 81(1)(a) of the Employment Act states that, if an employer contemplates the termination of not less than ten employees over a period of not more than three months for reasons of an economic, technological, structural or similar nature, it shall provide the representatives of the labour union with relevant information at least four weeks before the termination. The Committee invites the Government to indicate how Article 13(1)(b) is applied and, in particular, in what manner provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must be given and the objects of such consultation.

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

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

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its report received in June 2004, which indicated that the draft Employment Bill which, according to the Government, would give effect to the Convention, had still not been adopted. The Committee understands that the Employment Act was adopted and came into force in 2006. In this context, the Committee considers it particularly regrettable that the Government has still not provided the relevant information on the application of the Convention. The Committee trusts that the Government will be in a position to provide a detailed report containing full particulars on the application of each of the provisions of the Convention in both law and practice.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its report received in June 2004, which indicated that the draft Employment Bill which, according to the Government, would give effect to the Convention, had still not been adopted. The Committee understands that the Employment Act was adopted and came into force in 2006. In this context, the Committee considers it particularly regrettable that the Government has still not provided the relevant information on the application of the Convention. The Committee trusts that the Government will be in a position to provide a detailed report containing full particulars on the application of each of the provisions of the Convention in both law and practice.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its report received in June 2004, which indicated that the draft Employment Bill which, according to the Government, would give effect to the Convention, had still not been adopted. The Committee understands that the Employment Act was adopted and came into force in 2006. In this context, the Committee considers it particularly regrettable that the Government has still not provided the relevant information on the application of the Convention. The Committee trusts that the Government will be in a position to provide a detailed report containing full particulars on the application of each of the provisions of the Convention in both law and practice.

[The Government is invited to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last report received in June 2004, which indicated that the draft Employment Bill which, according to the Government, should give effect to the Convention, had still not been adopted. The Committee understands that the Employment Act was adopted and came into force in 2006. In this context, the Committee considers it particularly regrettable that the Government has still not provided the relevant information on the application of the Convention. The Committee trusts that the Government will be in a position to provide a detailed report containing full particulars on the application of each of the provisions of the Convention in both law and practice.

[The Government is invited to reply in detail to the present Comment in 2009.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last report received in June 2004, which indicated, once again, that the draft Employment Bill which, according to the Government, should give effect to the Convention, has still not been adopted. Recalling that under the terms of Article 1 of the Convention, the provisions of the Convention are required to be given effect by laws or regulations (in so far as they are not made effective by collective agreements, arbitration awards or court decisions, or in such other manner as may be consistent with national practice), the Committee observes that the reform of the labour law has benefited from continued ILO assistance, particularly in the context of project UGA/99/003 financed by UNDP. In this context, the Committee considers it particularly regrettable that, more than 17 years after the entry into force of the Convention, the Government has still not provided the relevant information on its application. The Committee trusts that the Government will be in a position to provide a detailed report containing full particulars on the application of each of the provisions of the Convention in both law and practice.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2004 observation, which read as follows:

1. With reference to the comments that it has been making for many years, the Committee regrets to note that the Government indicates once again in the report received in June 2004 that the draft Employment Bill which, according to the Government, should give effect to the Convention, has still not been adopted. Recalling that under the terms of Article 1 the provisions of the Convention are required to be given effect by laws or regulations (in so far as they are not made effective by collective agreements, arbitration awards or court decisions, or in such other manner as may be consistent with national practice), the Committee observes that the reform of the labour law has benefited from continued ILO assistance, particularly in the context of project UGA/99/0003 financed by UNDP. In this context, the Committee considers that it is particularly regrettable that the draft Employment Bill has still not been adopted and that over 13 years after the entry into force of the Convention, the Government has not yet provided the slightest information on its application.

2. The Committee trusts that the Government will be in a position in the very near future to report real progress in the adoption of the relevant legislation and that it will provide full particulars in its next report on the application of the provisions of the Convention in both law and practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. With reference to the comments that it has been making for many years, the Committee regrets to note that the Government indicates once again in the report received in June 2004 that the draft Employment Bill which, according to the Government, should give effect to the Convention, has still not been adopted. Recalling that under the terms of Article 1 the provisions of the Convention are required to be given effect by laws or regulations (in so far as they are not made effective by collective agreements, arbitration awards or court decisions, or in such other manner as may be consistent with national practice), the Committee observes that the reform of the labour law has benefited from continued ILO assistance, particularly in the context of project UGA/99/0003 financed by UNDP. In this context, the Committee considers that it is particularly regrettable that the draft Employment Bill has still not been adopted and that over 13 years after the entry into force of the Convention, the Government has not yet provided the slightest information on its application.

2. The Committee trusts that the Government will be in a position in the very near future to report real progress in the adoption of the relevant legislation and that it will provide full particulars in its next report on the application of the provisions of the Convention in both law and practice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2000 direct request, which read as follows.

The Committee notes that the draft Employment Bill, which has been under consideration for numerous years, still has not been adopted and hence the Government has again postponed supplying a detailed report on the application of the Convention. It also notes that the Support for Policy and Programme Development project, funded by the ILO, is being carried out this year to expedite the enactment of labour laws, including the draft Employment Bill.

The Committee urges the Government to take all necessary measures in the near future to give full effect in law and practice to the provisions of the Convention, and requests a detailed report in accordance with the report form.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request of 2000, which read as follows.

The Committee notes that the draft Employment Bill, which has been under consideration for numerous years, still has not been adopted and hence the Government has again postponed supplying a detailed report on the application of the Convention. It also notes that the Support for Policy and Programme Development project, funded by the ILO, is being carried out this year to expedite the enactment of labour laws, including the draft Employment Bill. The Committee urges the Government to take all necessary measures in the near future to give full effect in law and practice to the provisions of the Convention, and requests a detailed report in accordance with the report form.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the draft Employment Bill, which has been under consideration for numerous years, still has not been adopted and hence the Government has again postponed supplying a detailed report on the application of the Convention. It also notes that the Support for Policy and Programme Development project, funded by the ILO, is being carried out this year to expedite the enactment of labour laws, including the draft Employment Bill. The Committee urges the Government to take all necessary measures in the near future to give full effect in law and practice to the provisions of the Convention, and requests a detailed report in accordance with the report form.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the draft Employment Bill, which has been under consideration for numerous years, still has not been adopted and hence the Government has again postponed supplying a detailed report on the application of the Convention. It also notes that the Support for Policy and Programme Development project, funded by the ILO, is being carried out this year to expedite the enactment of labour laws, including the draft Employment Bill. The Committee urges the Government to take all necessary measures in the near future to give full effect in law and practice to the provisions of the Convention, and requests a detailed report in accordance with the report form.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous requests, the Committee notes that the Bill which should give effect to the Convention is still in preparation. It hopes that this Bill will be adopted shortly and that the Government will be able to supply a detailed report on the application of the Convention, in accordance with the report form.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the Government's first brief report on the application of the Convention. It notes with interest that the new Employment Relationship Legislation has been drafted by the Labour Law Revision Committee with the assistance of the ILO. The Committee would be grateful if the Government would supply a copy of the above-mentioned legislation as soon as it is adopted, together with a detailed report on the application of the Convention prepared in accordance with the report form.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the Government's first brief report on the application of the Convention. It notes with interest that the new Employment Relationship Legislation has been drafted by the Labour Law Revision Committee with the assistance of the ILO. The Committee would be grateful if the Government would supply a copy of the above-mentioned legislation as soon as it is adopted, together with a detailed report on the application of the Convention prepared in accordance with the report form.