Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of collective agreements referred to in the report, such as, for example, the General Collective Agreement for the commercial sector of 27.07.1990. Please also provide additional information on the following points:

Article 9, paragraph 2, of the Convention. The Committee notes the Government's statement to the effect that the court must examine the case on the basis of evidence submitted by the parties. It would be grateful if the Government would 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 of employment was not justified.

Article 10. The Government states in its report that if the court finds that the termination of employment is unjustified, it is empowered to order reinstatement of the worker. The Committee notes that, according to section 83 of the Act on the Fundamental Rights Arising out of the Employment Relationship, it shall be the duty of the employer to implement a legally binding decision of the court within 15 days of the date of its communication. Please indicate the consequences for the employer of failure to reinstate the worker after the court's decision has been taken. Please also indicate whether the court is empowered to order payment of adequate compensation if it does not find it practicable to order reinstatement.

Point V of the report form. Please provide general information on the manner in which the Convention 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. Please indicate any practical difficulties encountered in the implementation of the Convention.