Termination of Employment


Termination of Employment :

ILO Convention No. 158 (1982) concerns protection against termination of employment without valid reason. The Convention has very wide scope. In so far as its provisions are not made effective by means of collective agreements, arbitration awards or court decisions, or in another manner consistent with national practice, they shall be given effect by laws or regulations. The Convention provides that the employment of a worker shall not be terminated unless there is a valid reason connected with the capacity or conduct of the worker, or based on the operational requirements of the undertaking or service. It then enumerates those reasons which are not valid grounds for termination, such as union membership or participation in union activities at appropriate hours, seeking office or acting as a workers representative, filing a complaint or participation in proceedings against an employer for violations of laws or regulations, race, color, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, absence from work during maternity leave and temporary absence from work because of illness or injury. Convention No. 158 deals with the procedures to be followed for the termination of employment and for appeal against termination. In order for the worker not to have to bear alone the burden of proving that the termination was not justified, the Convention provides for either or both of two possibilities: (a) the burden of proving the existence of a valid reason shall rest on the employer; and/or (b) the competent bodies shall be empowered to reach a conclusion having regard to the evidence provided by the parties and according to procedures provided for by national law and practice. It provides for a reasonable period of notice to be given or compensation in lieu thereof, unless the worker is guilty of serious misconduct, and for a severance allowance and/or other forms of income protection (unemployment insurance or assistance, or other social security benefits). In the case of an unjustified termination of employment, if this cannot be reversed and/or the reinstatement of the worker is not practicable, adequate compensation is payable. In the case of termination of employment for economic, technological, structural or similar reasons, there are more detailed provisions concerning the obligation on the employer to consult with the workers representatives, to notify the competent authority as early as possible and to provide the relevant information. See: Collective redundancies

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