Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (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.]