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      <H3><FONT color=#0000ff>C158 Termination of Employment Convention, 1982 
      </FONT></H3></B><FONT size=-2>Convention concerning Termination of 
      Employment at the Initiative of the Employer (Note: Date of coming into 
      force: 23:11:1985.) <BR>Convention:C158 <BR>Place:Geneva <BR>Session of 
      the Conference:68 <BR>Date of adoption:22:06:1982 <BR>Subject 
      classification: Termination of Employment - Dismissal <BR>Subject: 
      <B>Employment security</B> <BR>Status: No conclusions The Working Party on 
      Policy regarding the Revision of Standards could not reach any conclusions 
      regarding Convention No. 158 and Recommendation No. 166. </FONT>
      <P>
      <P>The General Conference of the International Labour Organisation,
      <P>
      <P>Having been convened at Geneva by the Governing Body of the 
      International Labour Office, and having met in its Sixty-eighth Session on 
      2 June 1982, and
      <P>
      <P>Noting the existing international standards contained in the 
      Termination of Employment Recommendation, 1963, and
      <P>
      <P>Noting that since the adoption of the Termination of Employment 
      Recommendation, 1963, significant developments have occurred in the law 
      and practice of many member States on the questions covered by that 
      Recommendation, and
      <P>
      <P>Considering that these developments have made it appropriate to adopt 
      new international standards on the subject, particularly having regard to 
      the serious problems in this field resulting from the economic 
      difficulties and technological changes experienced in recent years in many 
      countries,
      <P>
      <P>Having decided upon the adoption of certain proposals with regard to 
      termination of employment at the initiative of the employer, which is the 
      fifth item on the agenda of the session, and
      <P>
      <P>Having determined that these proposals shall take the form of an 
      international Convention;
      <P>
      <P>adopts this twenty-second day of June of the year one thousand nine 
      hundred and eighty-two the following Convention, which may be cited as the 
      Termination of Employment Convention, 1982:
      <P>
      <P>
      <P>
      <P>PART I. METHODS OF IMPLEMENTATION, SCOPE AND DEFINITIONS
      <P>
      <P>Article 1
      <P>The provisions of this Convention shall, in so far as they are not 
      otherwise made effective by means of collective agreements, arbitration 
      awards or court decisions or in such other manner as may be consistent 
      with national practice, be given effect by laws or regulations.
      <P>
      <P>Article 2
      <P>1. This Convention applies to all branches of economic activity and to 
      all employed persons.
      <P>
      <P>2. A Member may exclude the following categories of employed persons 
      from all or some of the provisions of this Convention:
      <P>(a) workers engaged under a contract of employment for a specified 
      period of time or a specified task;
      <P>(b) workers serving a period of probation or a qualifying period of 
      employment, determined in advance and of reasonable duration;
      <P>(c) workers engaged on a casual basis for a short period.
      <P>
      <P>3. Adequate safeguards shall be provided against recourse to contracts 
      of employment for a specified period of time the aim of which is to avoid 
      the protection resulting from this Convention.
      <P>
      <P>4. In so far as necessary, measures may be taken by the competent 
      authority or through the appropriate machinery in a country, after 
      consultation with the organisations of employers and workers concerned, 
      where such exist, to exclude from the application of this Convention or 
      certain provisions thereof categories of employed persons whose terms and 
      conditions of employment are governed by special arrangements which as a 
      whole provide protection that is at least equivalent to the protection 
      afforded under the Convention.
      <P>
      <P>5. In so far as necessary, measures may be taken by the competent 
      authority or through the appropriate machinery in a country, after 
      consultation with the organisations of employers and workers concerned, 
      where such exist, to exclude from the application of this Convention or 
      certain provisions thereof other limited categories of employed persons in 
      respect of which special problems of a substantial nature arise in the 
      light of the particular conditions of employment of the workers concerned 
      or the size or nature of the undertaking that employs them.
      <P>
      <P>6. Each Member which ratifies this Convention shall list in the first 
      report on the application of the Convention submitted under Article 22 of 
      the Constitution of the International Labour Organisation any categories 
      which may have been excluded in pursuance of paragraphs 4 and 5 of this 
      Article, giving the reasons for such exclusion, and shall state in 
      subsequent reports the position of its law and practice regarding the 
      categories excluded, and the extent to which effect has been given or is 
      proposed to be given to the Convention in respect of such categories.
      <P>
      <P>Article 3
      <P>For the purpose of this Convention the terms <I>termination </I>and 
      <I>termination of employment </I>mean termination of employment at the 
      initiative of the employer.
      <P>
      <P>PART II. STANDARDS OF GENERAL APPLICATION
      <P>DIVISION A. JUSTIFICATION FOR TERMINATION
      <P>Article 4
      <P>The employment of a worker shall not be terminated unless there is a 
      valid reason for such termination connected with the capacity or conduct 
      of the worker or based on the operational requirements of the undertaking, 
      establishment or service.
      <P>
      <P>Article 5
      <P>The following, inter alia, shall not constitute valid reasons for 
      termination: 
      <P>(a) union membership or participation in union activities outside 
      working hours or, with the consent of the employer, within working hours;
      <P>(b) seeking office as, or acting or having acted in the capacity of, a 
      workers' representative;
      <P>(c) the filing of a complaint or the participation in proceedings 
      against an employer involving alleged violation of laws or regulations or 
      recourse to competent administrative authorities;
      <P>(d) race, colour, sex, marital status, family responsibilities, 
      pregnancy, religion, political opinion, national extraction or social 
      origin;
      <P>(e) absence from work during maternity leave.
      <P>
      <P>Article 6
      <P>1. Temporary absence from work because of illness or injury shall not 
      constitute a valid reason for termination.
      <P>
      <P>2. The definition of what constitutes temporary absence from work, the 
      extent to which medical certification shall be required and possible 
      limitations to the application of paragraph 1 of this Article shall be 
      determined in accordance with the methods of implementation referred to in 
      Article 1 of this Convention.
      <P>
      <P>DIVISION B. PROCEDURE PRIOR TO OR AT THE TIME OF TERMINATION
      <P>Article 7
      <P>The employment of a worker shall not be terminated for reasons related 
      to the worker's conduct or performance before he is provided an 
      opportunity to defend himself against the allegations made, unless the 
      employer cannot reasonably be expected to provide this opportunity.
      <P>
      <P>DIVISION C. PROCEDURE OF APPEAL AGAINST TERMINATION
      <P>Article 8
      <P>1. A worker who considers that his employment has been unjustifiably 
      terminated shall be entitled to appeal against that termination to an 
      impartial body, such as a court, labour tribunal, arbitration committee or 
      arbitrator.
      <P>
      <P>2. Where termination has been authorised by a competent authority the 
      application of paragraph 1 of this Article may be varied according to 
      national law and practice.
      <P>
      <P>3. A worker may be deemed to have waived his right to appeal against 
      the termination of his employment if he has not exercised that right 
      within a reasonable period of time after termination.
      <P>
      <P>Article 9
      <P>1. The bodies referred to in Article 8 of this Convention shall be 
      empowered to examine the reasons given for the termination and the other 
      circumstances relating to the case and to render a decision on whether the 
      termination was justified.
      <P>
      <P>2. In order for the worker not to have to bear alone the burden of 
      proving that the termination was not justified, the methods of 
      implementation referred to in Article 1 of this Convention shall provide 
      for one or the other or both of the following possibilities:
      <P>(a) the burden of proving the existence of a valid reason for the 
      termination as defined in Article 4 of this Convention shall rest on the 
      employer;
      <P>(b) the bodies referred to in Article 8 of this Convention shall be 
      empowered to reach a conclusion on the reason for the termination having 
      regard to the evidence provided by the parties and according to procedures 
      provided for by national law and practice.
      <P>
      <P>3. In cases of termination stated to be for reasons based on the 
      operational requirements of the undertaking, establishment or service, the 
      bodies referred to in Article 8 of this Convention shall be empowered to 
      determine whether the termination was indeed for these reasons, but the 
      extent to which they shall also be empowered to decide whether these 
      reasons are sufficient to justify that termination shall be determined by 
      the methods of implementation referred to in Article 1 of this Convention.
      <P>
      <P>Article 10
      <P>If the bodies referred to in Article 8 of this Convention find that 
      termination is unjustified and if they are not empowered or do not find it 
      practicable, in accordance with national law and practice, to declare the 
      termination invalid and/or order or propose reinstatement of the worker, 
      they shall be empowered to order payment of adequate compensation or such 
      other relief as may be deemed appropriate.
      <P>
      <P>DIVISION D. PERIOD OF NOTICE
      <P>Article 11
      <P>A worker whose employment is to be terminated shall be entitled to a 
      reasonable period of notice or compensation in lieu thereof, unless he is 
      guilty of serious misconduct, that is, misconduct of such a nature that it 
      would be unreasonable to require the employer to continue his employment 
      during the notice period.
      <P>
      <P>DIVISION E. SEVERANCE ALLOWANCE AND OTHER INCOME PROTECTION
      <P>Article 12
      <P>1. A worker whose employment has been terminated shall be entitled, in 
      accordance with national law and practice, to-
      <P>(a) a severance allowance or other separation benefits, the amount of 
      which shall be based inter alia on length of service and the level of 
      wages, and paid directly by the employer or by a fund constituted by 
      employers' contributions; or
      <P>(b) benefits from unemployment insurance or assistance or other forms 
      of social security, such as old-age or invalidity benefits, under the 
      normal conditions to which such benefits are subject; or
      <P>(c) a combination of such allowance and benefits.
      <P>
      <P>2. A worker who does not fulfil the qualifying conditions for 
      unemployment insurance or assistance under a scheme of general scope need 
      not be paid any allowance or benefit referred to in paragraph 1, 
      subparagraph (a), of this Article solely because he is not receiving an 
      unemployment benefit under paragraph 1, subparagraph (b).
      <P>
      <P>3. Provision may be made by the methods of implementation referred to 
      in Article 1 of this Convention for loss of entitlement to the allowance 
      or benefits referred to in paragraph 1, subparagraph (a), of this Article 
      in the event of termination for serious misconduct.
      <P>
      <P>PART III. SUPPLEMENTARY PROVISIONS CONCERNING TERMINATIONS OF 
      EMPLOYMENT FOR ECONOMIC, TECHNOLOGICAL, STRUCTURAL OR SIMILAR REASONS
      <P>DIVISION A. CONSULTATION OF WORKERS' REPRESENTATIVES
      <P>Article 13
      <P>1. When the employer contemplates terminations for reasons of an 
      economic, technological, structural or similar nature, the employer shall:
      <P>(a) provide the workers' representatives concerned in good time with 
      relevant information including the reasons for the terminations 
      contemplated, the number and categories of workers likely to be affected 
      and the period over which the terminations are intended to be carried out;
      <P>(b) give, in accordance with national law and practice, the workers' 
      representatives concerned, as early as possible, an opportunity for 
      consultation on measures to be taken to avert or to minimise the 
      terminations and measures to mitigate the adverse effects of any 
      terminations on the workers concerned such as finding alternative 
      employment.
      <P>
      <P>2. The applicability of paragraph 1 of this Article may be limited by 
      the methods of implementation referred to in Article 1 of this Convention 
      to cases in which the number of workers whose termination of employment is 
      contemplated is at least a specified number or percentage of the 
workforce.
      <P>
      <P>3. For the purposes of this Article the term <I>the workers' 
      representatives concerned </I>means the workers' representatives 
      recognised as such by national law or practice, in conformity with the 
      Workers' Representatives Convention, 1971.
      <P>
      <P>DIVISION B. NOTIFICATION TO THE COMPETENT AUTHORITY
      <P>Article 14
      <P>1. When the employer contemplates terminations for reasons of an 
      economic, technological, structural or similar nature, he shall notify, in 
      accordance with national law and practice, the competent authority thereof 
      as early as possible, giving relevant information, including a written 
      statement of the reasons for the terminations, the number and categories 
      of workers likely to be affected and the period over which the 
      terminations are intended to be carried out.
      <P>
      <P>2. National laws or regulations may limit the applicability of 
      paragraph 1 of this Article to cases in which the number of workers whose 
      termination of employment is contemplated is at least a specified number 
      or percentage of the workforce.
      <P>
      <P>3. The employer shall notify the competent authority of the 
      terminations referred to in paragraph 1 of this Article a minimum period 
      of time before carrying out the terminations, such period to be specified 
      by national laws or regulations.
      <P>
      <P>
      <P>PART IV. FINAL PROVISIONS
      <P>
      <P>Article 15
      <P>The formal ratifications of this Convention shall be communicated to 
      the Director-General of the International Labour Office for registration.
      <P>
      <P>Article 16
      <P>1. This Convention shall be binding only upon those Members of the 
      International Labour Organisation whose ratifications have been registered 
      with the Director-General.
      <P>2. It shall come into force twelve months after the date on which the 
      ratifications of two Members have been registered with the 
      Director-General.
      <P>3. Thereafter, this Convention shall come into force for any Member 
      twelve months after the date on which its ratification has been 
registered.
      <P>
      <P>Article 17
      <P>1. A Member which has ratified this Convention may denounce it after 
      the expiration of ten years from the date on which the Convention first 
      comes into force, by an act communicated to the Director-General of the 
      International Labour Office for registration. Such denunciation shall not 
      take effect until one year after the date on which it is registered.
      <P>2. Each Member which has ratified this Convention and which does not, 
      within the year following the expiration of the period of ten years 
      mentioned in the preceding paragraph, exercise the right of denunciation 
      provided for in this Article, will be bound for another period of ten 
      years and, thereafter, may denounce this Convention at the expiration of 
      each period of ten years under the terms provided for in this Article.
      <P>
      <P>Article 18
      <P>1. The Director-General of the International Labour Office shall notify 
      all Members of the International Labour Organisation of the registration 
      of all ratifications and denunciations communicated to him by the Members 
      of the Organisation.
      <P>2. When notifying the Members of the Organisation of the registration 
      of the second ratification communicated to him, the Director-General shall 
      draw the attention of the Members of the Organisation to the date upon 
      which the Convention will come into force.
      <P>
      <P>Article 19
      <P>The Director-General of the International Labour Office shall 
      communicate to the Secretary-General of the United Nations for 
      registration in accordance with article 102 of the Charter of the United 
      Nations full particulars of all ratifications and acts of denunciation 
      registered by him in accordance with the provisions of the preceding 
      Articles.
      <P>
      <P>Article 20
      <P>At such times as it may consider necessary the Governing Body of the 
      International Labour Office shall present to the General Conference a 
      report on the working of this Convention and shall examine the 
      desirability of placing on the agenda of the Conference the question of 
      its revision in whole or in part.
      <P>
      <P>Article 21
      <P>1. Should the Conference adopt a new Convention revising this 
      Convention in whole or in part, then, unless the new Convention otherwise 
      provides-
      <P>(a) the ratification by a Member of the new revising Convention shall 
      ipso jure involve the immediate denunciation of this Convention, 
      notwithstanding the provisions of Article 17 above, if and when the new 
      revising Convention shall have come into force;
      <P>(b) as from the date when the new revising Convention comes into force 
      this Convention shall cease to be open to ratification by the Members.
      <P>2. This Convention shall in any case remain in force in its actual form 
      and content for those Members which have ratified it but have not ratified 
      the revising Convention.
      <P>
      <P>Article 22
      <P>The English and French versions of the text of this Convention are 
      equally authoritative.
      <P>&nbsp;</P>
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