Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Parts IV and V of the report form. The Committee notes the Government’s report received in August 2007 which reproduces the information already communicated in September 2005. The Committee regrets that the Government’s report does not contain any specific information in reply to its 2006 observation, which referred to the comments the Committee had been making for a number of years on the application of the Convention. The Committee recalls once again the importance of regularly providing new and relevant information on the application of the Convention so that it can assess the application of each of the provisions. The Committee trusts that the Government’s next report will finally contain information on the application of the Convention in practice, including examples of recent court decisions, particularly regarding the definition of “real and serious” grounds for termination.

2. Articles 8, paragraph 2, and 9, paragraph 3, of the Convention. Termination on economic grounds authorized by the labour inspector. The Committee notes that section 296 of the Labour Code, which refers to the dismissal of a staff delegate or his deputy, provides that the decision by the labour inspector may be challenged in the administrative courts. The Committee refers to its previous comments and once again asks the Government to indicate whether workers dismissed on economic grounds also have the right to challenge the labour inspector’s decision to authorize their individual or collective dismissal.

[The Government is asked to reply in detail to the present comments in 2008.]