Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

The Committee notes that the Government’s report received in October 2011 repeats the information already provided in August 2009 and in November 2010. In its previous direct requests, the Committee noted that the Contracts of Service Act, No. 14 of 1970, gives effect to some of the provisions of the Convention. It also noted that the Labour Code of 2006, which was indicated by the Government as the instrument giving effect to the Convention, had not been enacted. The Government indicates once again that the Labour Code has not yet been enacted. The Committee once again urges the Government to take steps to ensure that the Convention is given full effect. It invites the Government to report on the results of its efforts to give effect to each provision of the Convention and to include information on the manner in which the Contracts of Service Act 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).

Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Committee recalls that the Contracts of Service Act provides no safeguards against recourse to contracts of employment for a specified period of time. The Committee reiterates its previous request and asks the Government to indicate how effect is given to Article 2(3) concerning recourse to contracts of employment for a specified period of time, the aim of which is to avoid protection resulting from the Convention.

Article 2(4) and (6). Categories of employed persons excluded from the scope of the Convention. The Committee reiterates its previous request and asks the Government to provide information on how members of an employer’s family and public servants are provided protection that is at least equivalent to the protection afforded under the Convention.

Article 12. Severance payments. The Committee recalls that section 11 of the Contracts of Service Act provides that men are entitled to severance payments until the age of 65 and women are entitled to severance payments until the age of 60. The Committee reiterates its previous request and asks the Government to ensure that men and women are treated equally under each provision of the Convention, such as regarding severance payments.

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee recalls that section 35(1)(a) of the Registration, Status and Recognition of Trade Unions and Employers Organizations Act provides that a reasonable notice of intention must be given before the closure of the establishment. The Government indicates that presently there are no regulations indicating the exact length of the minimum period of notice with respect to section 35(1)(a) of the abovementioned Act. The Committee reiterates its previous request and asks the Government to specify the minimum period of notice referred to in national laws or regulations giving full effect to Article 14(3) of the Convention.

[The Government is asked to reply in detail to the present comments in 2012.]