Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes with interest the first report on the application of the Convention. It also notes a communication from the Dniepropetrovsky Regional Trade Union of Workers of Scientific and Industrial Establishments regarding application of the Convention, a copy of which has been transmitted to the Government for its comments. In order to allow it to ascertain better the effect given to the Convention, the Committee would be grateful if the Government would supply in its second report further information on the following points.

Article 2, paragraph 2, of the Convention. The Committee notes that the Government refers in its report to the special provisions applicable to temporary and seasonal workers. Please indicate whether these categories of workers are excluded from the scope of all or some of the provisions of the Convention.

Article 2, paragraphs 4 to 6. The Committee notes that the report also refers to the existence of special provisions applicable to members of cooperatives, to workers in collective agricultural enterprises, private or state farms, and enterprises with foreign capital. Please indicate whether these provisions ensure application of the Convention to these categories of workers or if they are excluded from its scope. If some of these categories are excluded, please indicate the reasons for exclusion and whether the organizations of workers and employers concerned have been consulted. Please describe the special regime, if any, ensuring that these categories of workers have protection at least equivalent to that offered by the Convention. Please indicate also whether the Convention is applicable to civil servants and, if not, describe the special scheme which provides them with at least equivalent protection. The Committee recalls in this connection that the Government is required in its first report to indicate the categories to which exclusion applies and in its later reports to describe the legislation and practice in regard to such categories.

Article 6. The Committee notes that temporary absence from work because of illness or injury does not constitute a valid reason for termination, but that, according to the Government, the worker may be dismissed in the interests of the enterprise if, in the meantime, during his absence, he has been replaced or his tasks have been redistributed amongst other workers. Please indicate the measures taken or envisaged in order to guarantee the maintenance of his job for a worker who is absent from work temporarily because of illness or injury.

Article 10. The Committee notes that reinstatement of the worker is the normal means of compensation in the event of unjustified termination. Please provide information to the Committee as to the number of cases where reinstatement has been ordered and cases where, instead of reinstatement, compensation has been directed to be paid.

Article 11. Please indicate whether a reasonable period of notice is applicable in the case of termination linked with the employee's conduct or work. Please indicate the reasons for termination, if any, linked to the employee's conduct or work, when giving such notice is not compulsory.

Article 12, paragraph 1. Please indicate whether the amount of the severance allowance depends on the length of service of the worker whose employment has been terminated.

Article 13. Please specify the nature of the information which must be supplied to the workers' representatives concerned as well as the procedures and purposes of consultation with them when terminations for economic, technological, structural or similar reasons are envisaged, and state under what provision of law this requirement is to be complied with.

Article 14. Please indicate whether under the national law a written statement of the reasons for termination is required to be given to the employment service when the terminations are contemplated for reasons of an economic, technological, structural or similar nature.

Part IV of the report form. Please attach to the report examples of court decisions relating to termination of employment.