Termination of Employment Convention, 1982
Termination of Employment Convention, 1982 is an International Labour Organization Convention. Its purpose is to coordinate minimum levels of job security in the laws of ILO member states.
| C158 | |
|---|---|
| ILO Convention | |
| Date of adoption | June 22, 1982 |
| Date in force | November 23, 1985 |
| Classification | Termination of Employment - Dismissal |
| Subject | Employment security |
| Previous | Maintenance of Social Security Rights Convention, 1982 |
| Next | Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 |
Contents
- art 2, establishes the scope and says short fixed term, probationary or casual workers may be excluded
- art 3, defines termination as at the initiative of the employer
- art 4, says the employer must have a valid reason for termination based on "the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service"
- art 5, prohibits membership of a union, being a representative, seeking to assert a working right, or any discrimination based reason as becoming a valid reason.
- art 6, temporary absence or sickness is not a reason
- art 7, requires a minimum procedure for any disciplinary based dismissal where a worker has a chance to defend himself or herself
- arts 8-10, require a procedure where a worker can appeal against a termination to an impartial authority
- art 11, requires a reasonable period of notice before termination
- art 12, requires redundancy or severance pay for income protection
- art 13, requires consultation of worker representatives before collective redundancies
Ratifications
As of 2013, 36 states have ratified the convention. One of these states—Brazil—has subsequently denounced the treaty.
| Country | Date | Status |
|---|---|---|
| Antigua and Barbuda | 16:09:2002 | ratified |
| Australia | 26:02:1993 | ratified |
| Bosnia and Herzegovina | 02:06:1993 | ratified |
| Brazil | 05:01:1995 | denounced on 20:11:1996 |
| Cameroon | 13:05:1988 | ratified |
| Central African Republic | 05:06:2006 | ratified |
| Democratic Republic of the Congo | 03:04:1987 | ratified |
| Cyprus | 05:07:1985 | ratified |
| Ethiopia | 28:01:1991 | ratified |
| Finland | 30:06:1992 | ratified |
| France | 16:03:1989 | ratified |
| Gabon | 06:12:1988 | ratified |
| Latvia | 25:08:1994 | ratified |
| Lesotho | 14:06:2001 | ratified |
| Luxembourg | 21:03:2001 | ratified |
| The Republic of Macedonia | 17:11:1991 | ratified |
| Malawi | 01:10:1986 | ratified |
| Republic of Moldova | 14:02:1997 | ratified |
| Montenegro | 03:06:2006 | ratified |
| Morocco | 07:10:1993 | ratified |
| Namibia | 28:06:1996 | ratified |
| Niger | 05:06:1985 | ratified |
| Papua New Guinea | 02:06:2000 | ratified |
| Portugal | 27:11:1995 | ratified |
| Saint Lucia | 06:12:2000 | ratified |
| Serbia | 24:11:2000 | ratified |
| Slovakia | 22:02:2010 | ratified |
| Slovenia | 29:05:1992 | ratified |
| Spain | 26:04:1985 | ratified |
| Sweden | 20:06:1983 | ratified |
| Turkey | 04:01:1995 | ratified |
| Uganda | 18:07:1990 | ratified |
| Ukraine | 16:05:1994 | ratified |
| Bolivarian Republic of Venezuela | 06:05:1985 | ratified |
| Yemen | 13:03:1989 | ratified |
| Zambia | 09:02:1990 | ratified |
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