Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes with concern that the Government has not provided information on the application of the Convention since its last report received in June 2002. The Committee understands that the Labour Code was adopted in October 2002. Major changes have occurred in the Democratic Republic of the Congo. In recent years, the Democratic Republic of the Congo has received technical assistance from the ILO and has been a recipient of aid from international financial institutions and other international partners in assisting in the country’s transitional process towards political and economic stability. The Committee asks the Government to provide up to date and detailed information on the application of the Convention, including court decisions relating to the Convention, available statistics on the activities of bodies of appeal and information on the number of terminations for economic or similar reasons in the context of the current economic reforms.

Article 12 of the Convention. Severance allowance and other income protection. The Committee recalls its 2002 direct request and notes that the 2002 Labour Code does not provide any indication as to the amount of severance to be paid to workers. The Committee recalls that Article 12 provides that a worker whose employment has been terminated is entitled to a severance allowance or any other form of income protection or benefit. The Committee trusts that the Government will provide information on how it gives effect to this provision of the Convention.

The Committee notes that the preparation of a detailed report, including the indications requested in this observation, will certainly provide the Government and the social partners with an opportunity to ensure protection against unfair dismissal as provided by the Convention. In this regard, the Government might wish to request further technical assistance from the relevant units of the ILO to address obstacles in reporting on compliance with the Convention.