Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 158) sur le licenciement, 1982 - Sainte-Lucie (Ratification: 2000)

1. The Committee notes the Government’s first report received in July 2007 on the application of the Convention which covers the 2001–07 period. In its report, the Government indicates that the Convention is given effect by the Labour Code of 2006. The Committee notes, however, that the Labour Code has not yet been enacted. Considering that Convention No. 158 has been in force since December 2001, the Committee asks the Government to report in detail on how the requirements of the Convention are being given effect.

2. Article 2 of the Convention. Exclusions. The Committee notes the information provided by the Government in its report that it seeks to exclude from the Convention persons engaged under contracts of employment as apprentices for the purpose of training and who have been engaged for a period of less than 12 weeks. The Committee further notes that the parliamentary draft provides that the Labour Code will not be applicable to the Crown or to public servants. The Government is therefore invited to indicate in its next report what safeguards have been provided against recourse to contracts of employment for a specified period of time (Article 2, paragraph 3), the aim of which is to avoid protection resulting from the Convention, and to indicate the manner in which protection against unjustified dismissal is ensured in respect to the Crown and public servants (Article 2, paragraphs 4 and 6).

3. Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee requests the Government to indicate in its next report how effect is given to Article 13 concerning consultation of workers’ representatives and Article 14 concerning notification of terminations to the competent authority, in cases of terminations of employment for economic, technological, structural or similar reasons. The Committee also recalls that the minimum period of time, referred to in Article 14, paragraph 3, has to be specified in the national laws or regulations.

4. In light of the information that the Government is asked to provide with regard to the current comments, the Committee will examine the conformity of the legislation and practice with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2009.]