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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Repetition

Article 2 of the Convention. Exclusions. Protection of domestic workers against unfair dismissal. In response to the Committee’s previous comments, the Government reiterates that a copy of the amended Labour Code will be provided to the Office as soon as it is adopted. The Government indicates that there is limited employment of domestic workers in Yemen, adding that no cases have been brought before the Labour Arbitration Committees with regard to domestic workers. The Committee notes that domestic workers in Yemen are currently excluded from the protections afforded to other workers under the Labour Code, Act No. 5 of 1995, including from protection against unfair dismissal. The Committee once again expresses its concern regarding the exclusion of domestic workers from the protection of the Convention. It therefore requests the Government to provide information on the manner in which domestic workers are provided with protection from unfair dismissal.

Application of the Convention. The Committee notes the Government’s indication that unemployment has increased in Yemen since the beginning of the crisis and that hundreds of thousands of workers, mostly young people, have been laid off. The Government refers to the ILO report, Yemen Damage and Needs Assessment: Crisis Impact on Employment and the Labour Market of January 2016, which indicates that there has been a dramatic reduction in employment from what was an already very low baseline and that certain groups were more affected than others, notably women and young persons. The Government reports that about 100 cases alleging arbitrary dismissal were lodged in 2017 and claims in relation to unpaid wages were lodged with Labour Arbitration Committees in the liberated areas only, and that all of the cases concerned claims alleging arbitrary dismissal and unpaid wages. The Committee also notes the information provided by the Government concerning the definition of “misconduct” as “practices that disrupt the establishment’s work system”. The Committee requests the Government to provide detailed information on the activities of the Labour Arbitration Committees in relation to cases lodged against unfair dismissals, the number of cases registered yearly, the outcome of such claims and the average time taken for a request to be examined and decided. Please provide examples of the Labour Arbitration Committee decisions in relation to claims of unfair dismissal.

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

Article 2 of the Convention. Exclusions. Protection of domestic workers against unfair dismissal. In response to the Committee’s previous comments, the Government reiterates that a copy of the amended Labour Code will be provided to the Office as soon as it is adopted. The Government indicates that there is limited employment of domestic workers in Yemen, adding that no cases have been brought before the Labour Arbitration Committees with regard to domestic workers. The Committee notes that domestic workers in Yemen are currently excluded from the protections afforded to other workers under the Labour Code, Act No. 5 of 1995, including from protection against unfair dismissal.The Committee once again expresses its concern regarding the exclusion of domestic workers from the protection of the Convention. It therefore requests the Government to provide information on the manner in which domestic workers are provided with protection from unfair dismissal.

Application of the Convention. The Committee notes the Government’s indication that unemployment has increased in Yemen since the beginning of the crisis and that hundreds of thousands of workers, mostly young people, have been laid off. The Government refers to the ILO report, Yemen Damage and Needs Assessment: Crisis Impact on Employment and the Labour Market of January 2016, which indicates that there has been a dramatic reduction in employment from what was an already very low baseline and that certain groups were more affected than others, notably women and young persons. The Government reports that about 100 cases alleging arbitrary dismissal were lodged in 2017 and claims in relation to unpaid wages were lodged with Labour Arbitration Committees in the liberated areas only, and that all of the cases concerned claims alleging arbitrary dismissal and unpaid wages. The Committee also notes the information provided by the Government concerning the definition of “misconduct” as “practices that disrupt the establishment’s work system”.The Committee requests the Government to provide detailed information on the activities of the Labour Arbitration Committees in relation to cases lodged against unfair dismissals, the number of cases registered yearly, the outcome of such claims and the average time taken for a request to be examined and decided. Please provide examples of the Labour Arbitration Committee decisions in relation to claims of unfair dismissal.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2 of the Convention. Exclusions. Protection of domestic workers against unfair dismissal. In response to the Committee’s previous comments, the Government reiterates that a copy of the amended Labour Code will be provided to the Office as soon as it is adopted. The Government indicates that there is limited employment of domestic workers in Yemen, adding that no cases have been brought before the Labour Arbitration Committees with regard to domestic workers. The Committee notes that domestic workers in Yemen are currently excluded from the protections afforded to other workers under the Labour Code, Act No. 5 of 1995, including from protection against unfair dismissal. The Committee once again expresses its concern regarding the exclusion of domestic workers from the protection of the Convention. It therefore requests the Government to provide information on the manner in which domestic workers are provided with protection from unfair dismissal.

Application of the Convention. The Committee notes the Government’s indication that unemployment has increased in Yemen since the beginning of the crisis and that hundreds of thousands of workers, mostly young people, have been laid off. The Government refers to the ILO report, Yemen Damage and Needs Assessment: Crisis Impact on Employment and the Labour Market of January 2016, which indicates that there has been a dramatic reduction in employment from what was an already very low baseline and that certain groups were more affected than others, notably women and young persons. The Government reports that about 100 cases alleging arbitrary dismissal were lodged in 2017 and claims in relation to unpaid wages were lodged with Labour Arbitration Committees in the liberated areas only, and that all of the cases concerned claims alleging arbitrary dismissal and unpaid wages. The Committee also notes the information provided by the Government concerning the definition of “misconduct” as “practices that disrupt the establishment’s work system”. The Committee requests the Government to provide detailed information on the activities of the Labour Arbitration Committees in relation to cases lodged against unfair dismissals, the number of cases registered yearly, the outcome of such claims and the average time taken for a request to be examined and decided. Please provide examples of the Labour Arbitration Committee decisions in relation to claims of unfair dismissal.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2014. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

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).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret 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

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).

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

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

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).

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

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.]

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

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 2008 direct request, which read as follows:

Repetition

The Committee notes the information contained in the Government’s report received in September 2008. In response to the Committee’s 2006 direct request, the Government indicates that it has prepared, in coordination with the Office, draft amendments to the Labour Code and submitted them to the social partners and the Office 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. The Government is invited to provide a copy of the amendments, once adopted, to the Office. The Committee reiterates its request to the Government to provide information in its next report on the following matters.

The Committee notes that the Government is trying to obtain statistics on the number of cases of termination of employment handled by the arbitration committees in the governorates of the Republic. The Committee hopes that the Government’s next report will contain practical information on the application of the Convention (Parts IV and V of the report form) together with information on the following points.

Protection of domestic workers against unjustified dismissal. The Committee would be grateful if the Government would provide information on the progress made in ensuring that domestic workers have the protection laid down in the Convention (Article 2 of the Convention).

Definition of serious misconduct. The Committee once again asks the Government to indicate whether failure to fulfil “essential obligations” in the contract, which may incur summary dismissal pursuant to section 35(h) of the Labour Code, currently in force, constitutes serious misconduct within the meaning of Article 11 of the Convention.

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

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 2008 direct request, which read as follows:

Repetition

The Committee notes the information contained in the Government’s report received in September 2008. In response to the Committee’s 2006 direct request, the Government indicates that it has prepared, in coordination with the Office, draft amendments to the Labour Code and submitted them to the social partners and the Office 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. The Government is invited to provide a copy of the amendments, once adopted, to the Office. The Committee reiterates its request to the Government to provide information in its next report on the following matters.

The Committee notes that the Government is trying to obtain statistics on the number of cases of termination of employment handled by the arbitration committees in the governorates of the Republic. The Committee hopes that the Government’s next report will contain practical information on the application of the Convention (Parts IV and V of the report form) together with information on the following points.

Protection of domestic workers against unjustified dismissal. The Committee would be grateful if the Government would provide information on the progress made in ensuring that domestic workers have the protection laid down in the Convention (Article 2 of the Convention).

Definition of serious misconduct. The Committee once again asks the Government to indicate whether failure to fulfil “essential obligations” in the contract, which may incur summary dismissal pursuant to section 35(h) of the Labour Code, currently in force, constitutes serious misconduct within the meaning of Article 11 of the Convention.

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

1. The Committee notes the information contained in the Government’s report received in September 2008. In response to the Committee’s 2006 direct request, the Government indicates that it has prepared, in coordination with the Office, draft amendments to the Labour Code and submitted them to the social partners and the Office 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. The Government is invited to provide a copy of the amendments, once adopted, to the Office. The Committee reiterates its request to the Government to provide information in its next report on the following matters.

2. The Committee notes that the Government is trying to obtain statistics on the number of cases of termination of employment handled by the arbitration committees in the governorates of the Republic. The Committee hopes that the Government’s next report will contain practical information on the application of the Convention (Parts IV and V of the report form) together with information on the following points.

3. Protection of domestic workers against unjustified dismissal. The Committee would be grateful if the Government would provide information on the progress made in ensuring that domestic workers have the protection laid down in the Convention (Article 2 of the Convention).

4. Definition of serious misconduct. The Committee once again asks the Government to indicate whether failure to fulfil “essential obligations” in the contract, which may incur summary dismissal pursuant to section 35(h) of the Labour Code, currently in force, constitutes serious misconduct within the meaning of Article 11 of the Convention.

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

1. The Committee takes note of the Government’s report received in September 2006, indicating that a draft amendment of the Labour Code prepared with technical assistance from the Office is still under consideration and that the final version should be adopted shortly. The Committee hopes that this version will take account of the comments that it has been making for several years on the application of the Convention, particularly Article 13 on consultation with the representatives of the workers where the employer is contemplating terminations for reasons of an economic, technological, structural or similar nature. The Committee also notes the Government’s statement that no statistical data are available at the moment on the number of terminations, but that it is planning to obtain such information from the arbitration committees. Further to its previous comments, the Committee hopes that the Government’s next report will contain practical information on the application of the Convention
(Parts IV and V of the report form) together with information on the following points.

2. Protection of domestic workers against unjustified dismissal. The Committee would be grateful if the Government would provide information on the progress made in ensuring that domestic workers have the protection laid down in the Convention (Article 2 of the Convention).

3. Definition of serious misconduct. The Committee once again asks the Government to indicate whether failure to fulfil “essential obligations” in the contract, which may incur summary dismissal pursuant to section 35(h) of the Labour Code currently in force, constitutes serious misconduct within the meaning of Article 11.

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

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

The Committee notes the information contained in the Government’s report, particularly in response to the previous comments pertaining to Article 7. The Committee would appreciate receiving further information on the following points.

Article 2 of the Convention.  Further to previous comments, the Committee notes the Government’s statement that the Ordinance on employment of domestic workers has not yet been issued. Nonetheless, in practice many of the rights contained in the Labour Code are extended to domestic workers, including the right to seek mediation or arbitration in the case of a labour dispute. The Committee would appreciate continuing to receive information on progress made in ensuring that domestic workers are protected from arbitrary dismissal.

Article 11.  The Government refers to "essential obligations" in its report, which it explains as the agreement between the employer and worker that determines the conditions of work. The Committee notes this information and requests further clarification on whether a breach of this agreement would constitute serious misconduct.

Article 13.  In previous comments the Committee had noted that no provisions exist to ensure that employers consult with the representatives of the workers affected by terminations related to the operational needs of the enterprise. In reply, the Government states that it will take the Committee’s comments into account when amending the Labour Code, to include a requirement to consult. The Committee encourages the Government to amend the Labour Code in the near future to give effect to this important provision of the Convention.

Parts IV and V of the report form.  The Committee requests further information on the outcomes of any arbitration decisions relating to termination of employment. It would also appreciate receiving statistics on the number of terminations carried out, and for what reasons.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

Article 2 of the Convention. The Committee notes that casual workers and domestic workers are excluded from the scope of the Labour Code. It notes that an Ordinance governing the employment of domestic workers is being prepared. Please provide the text of the Ordinance once it has been adopted. The Committee also notes that a draft Ordinance governing casual work is under examination. Please provide information on the progress made in this regard.

Article 7. The Committee recalls that the worker must be provided with an opportunity to defend himself against any allegations made before his employment be terminated for reasons related to his conduct or performance. The Committee once again requests the Government to indicate the manner in which effect is given to this Article in the case of termination for a reason other than a breach of discipline.

Article 11. The Committee once again requests the Government to indicate what is meant by the expression "essential obligations" of the contract (section 35(h) of the Labour Code) and whether their breach would constitute serious misconduct within the meaning of this Article of the Convention.

Article 13. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that workers' representatives are consulted when the employer contemplates terminations for reasons of an economic, technological or similar nature. Please indicate whether the adoption of new legislative provisions is envisaged in order to give effect to this Article of the Convention.

Part IV of the report form. Please supply examples of court decisions relating to the application of the provisions of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and the useful information that it contains in reply to its previous request. It would be grateful if the Government would provide additional information in its next report on the following points:

Article 2 of the Convention. The Committee notes that casual workers and domestic workers are excluded from the scope of the Labour Code. It notes that an Ordinance governing the employment of domestic workers is being prepared. Please provide the text of the Ordinance once it has been adopted. The Committee also notes that a draft Ordinance governing casual work is under examination. Please provide information on the progress made in this regard.

Article 7. The Committee recalls that the worker must be provided with an opportunity to defend himself against any allegations made before his employment be terminated for reasons related to his conduct or performance. The Committee once again requests the Government to indicate the manner in which effect is given to this Article in the case of termination for a reason other than a breach of discipline.

Article 11. The Committee once again requests the Government to indicate what is meant by the expression "essential obligations" of the contract (section 35(h) of the Labour Code) and whether their breach would constitute serious misconduct within the meaning of this Article of the Convention.

Article 13. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that workers' representatives are consulted when the employer contemplates terminations for reasons of an economic, technological or similar nature. Please indicate whether the adoption of new legislative provisions is envisaged in order to give effect to this Article of the Convention.

Part IV of the report form. Please supply examples of court decisions relating to the application of the provisions of the Convention.

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

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 the Government's first report. It also notes the adoption of the7. In view of the changes, it asks the Government to provide detailed information in its next report on the application of the Convention by the relevant provisions of the Code, and particularly on the following points.

Article 2 of the Convention. The Committee would be grateful if the Government would state whether any categories of employed persons have been excluded from the scope of the Convention as a whole or of some of its provisions under paragraph 2 of this Article and, if so, to provide information on special arrangements to provide them with protection that is at least equivalent. In particular, it asks the Government to state what safeguards are provided for workers excluded from the scope of the Labour Code, such as public servants and public sector employees, household staff, certain categories of agricultural workers and casual workers.

Article 5. The Committee asks the Government to indicate what provisions ensure the application of this Article as a whole.

Article 7. The Committee notes that sections 96 and 97 of the Labour Code allow a worker whose employment is to be terminated on disciplinary grounds to defend himself against the allegations made in an interview with the employer. It asks the Government to indicate how effect is given to this provision of the Convention in other cases of termination for reasons related to the worker's conduct or performance.

Article 11. The Committee notes that the grounds on which employment may be terminated without notice include breach of the essential obligations of the Labour Contract (section 35(h) of the Labour Code). It asks the Government to clarify what are deemed to be the essential obligations of the Labour Contracts and whether their breach would constitute "serious misconduct" within the meaning of Article 11.

Article 12, paragraph 1. It also asks the Government to indicate whether a worker whose employment has been terminated is entitled to a severance allowance or other separation benefits (a), unemployment benefits or any other benefits (b), or a combination of such allowances and benefits (c).

Article 13. The Committee asks the Government to indicate how effect is given to this provision of the Convention concerning consultation of worker's representatives when termination of employment for economic reasons is contemplated.

Article 14, paragraphs 1 and 3. The Committee notes that the employer must notify to the Ministry of Social Security, Social Affairs and Labour, the partial or total cessation of his activities where this involves terminations. It asks the Government to state what information the employer must provide in such a case and the length of the notice period before carrying out the terminations.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's first report. It also notes the adoption of the Labour Code on 9 March 1995. In view of the changes, it asks the Government to provide detailed information in its next report on the application of the Convention by the relevant provisions of the Code, and particularly on the following points.

Article 2 of the Convention. The Committee would be grateful if the Government would state whether any categories of employed persons have been excluded from the scope of the Convention as a whole or of some of its provisions under paragraph 2 of this Article and, if so, to provide information on special arrangements to provide them with protection that is at least equivalent. In particular, it asks the Government to state what safeguards are provided for workers excluded from the scope of the Labour Code, such as public servants and public sector employees, household staff, certain categories of agricultural workers and casual workers.

Article 5. The Committee asks the Government to indicate what provisions ensure the application of this Article as a whole.

Article 7. The Committee notes that sections 96 and 97 of the Labour Code allow a worker whose employment is to be terminated on disciplinary grounds to defend himself against the allegations made in an interview with the employer. It asks the Government to indicate how effect is given to this provision of the Convention in other cases of termination for reasons related to the worker's conduct or performance.

Article 11. The Committee notes that the grounds on which employment may be terminated without notice include breach of the essential obligations of the Labour Contract (section 35(h) of the Labour Code). It asks the Government to clarify what are deemed to be the essential obligations of the Labour Contracts and whether their breach would constitute "serious misconduct" within the meaning of Article 11.

Article 12, paragraph 1. It also asks the Government to indicate whether a worker whose employment has been terminated is entitled to a severance allowance or other separation benefits (a), unemployment benefits or any other benefits (b), or a combination of such allowances and benefits (c).

Article 13. The Committee asks the Government to indicate how effect is given to this provision of the Convention concerning consultation of worker's representatives when termination of employment for economic reasons is contemplated.

Article 14, paragraphs 1 and 3. The Committee notes that the employer must notify to the Ministry of Social Security, Social Affairs and Labour, the partial or total cessation of his activities where this involves terminations. It asks the Government to state what information the employer must provide in such a case and the length of the notice period before carrying out the terminations.

[The Government is asked to report in detail in 1997.]