Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Termination of Employment Convention, 1982 (No. 158) - Democratic Republic of the Congo (Ratification: 1987)

The Committee notes the Government's report and the brief information it contains in reply to its previous request. It hopes that the Government will be able to provide, in its next report, more detailed information on the application of the Convention, in particular as regards the following points.

Article 2, paragraphs 4 to 6, of the Convention. The Committee notes the information to the effect that "the provisions of Convention No. 158 are applied in Act No. 81/003 of 17 July 1981 relating to the status of career staff in state public services and in its implementing regulations".

Article 5, paragraphs (c) and (d). The Committee notes that the Government refers to a forthcoming review of the legislation which might provide an opportunity to give effect to these provisions of the Convention. It hopes that the Government's next report will contain information in regard to the result of the proposed review. The Committee trusts that the next report will also contain information on the manner in which guarantees are provided, by means of legislation or according to any other method of application provided for in Article 1 of the Convention, to the effect that sex, religion, marital status, family responsibilities, pregnancy, and the fact that an employee has made a complaint or participated in proceedings instituted against an employer, or has lodged an appeal to the competent administrative authorities, shall not constitute valid reasons for termination.

Article 12. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to the provisions of this Article of the Convention. Please provide copies of the texts of the collective agreements containing provisions for severance allowance in case of termination. Please also specify whether the loss of entitlement to such severance allowance is provided for in the collective agreements in case of termination for serious misconduct, as defined in sections 58 and 60 of the Labour Code.

Points IV and V of the report form. Please provide the required information on the practical application of the Convention, by supplying copies of decisions rendered by courts in relation to termination, together with any relevant statistical information.