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Freedom of persons in the service of the State to leave their employment

In its previous comments, the Committee noted that under Act No. 61-23 of 15 June 1961 respecting the general conditions of service of public officials, resignation is effective only in so far as it is accepted by the authority empowered to make appointments, whose decision must be given within one month and is subject to appeal. A public servant who ceases his duties before the date fixed by the competent authority for the acceptance of resignations may be liable to disciplinary sanctions.

The Committee took note of the Government's statement to the effect that these provisions concern, in particular, persons whose training has been entirely financed by the State after they have freely undertaken to serve for a certain period. The Government indicated that the rules governing such engagements are included in the texts organising training schools and that, persons wishing to receive training in these schools must, in addition to meeting the requirements for admission, undertake to serve in the administration for a period of five to 15 years.

The Committee takes note of Decree No. 77-429 updated at 31 December 1987, to organise the National School for the Training of Administrators and Public Officials, included with the Government's report. The Committee notes that candidates other than professional candidates must undertake to serve the State for 15 years upon leaving the school and that the period of study is two years (section 12, subsection 11, and section 16 of the Decree).

Referring to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee observes that persons in the service of the State should be entitled to leave the service on their own initiative within a reasonable period, either at specified intervals, or with previous notice. Persons who have received training financed by the State should also be entitled to leave the service on their own initiative within a reasonable period, proportional to the length of the training financed by the State, or subject to repayment of the amount disbursed by the State.

The Committee requests the Government to supply information, including any relevant texts, on the possibilities available to public servants who are former students of the National School for the Training of Administrators and Public Officials, to resign subject to repayment of the amount disbursed by the State, or to indicate any other measures taken or contemplated to ensure that persons in the service of the State who are recruited by means of the admission examination to the National School for the Training of Administrators and Public Officials, are free to leave their employment within a reasonable period.

The Committee also takes note of Decree No. 84-501 of 2 May 1984 to establish the organisation and operating rules of the Military Health School. The Committee notes that students admitted to the School undertake to serve for a period equal to the period of study plus ten years; in the event of unilateral termination of the engagement, students must reimburse maintenance grants without prejudice to other penalties provided for by law (sections 11 and 13 of the Decree). The Committee asks the Government to state the normal length of the period of study and the nature of the penalties other than the reimbursement of costs to the State.

The Committee also notes that the Government again states in its report that the rules governing engagements linked to training are included in the texts organising training schools, and requests the Government to provide a copy of the main texts organising training schools other than the National School for the Training of Administrators and Public Officials and the Military Health School.

The Committee again requests the Government to indicate the criteria, other than the restrictions relating to training received, that determine the administrative authorities' decision to accept or refuse a resignation, and to provide information on the possibilities of appeal that exist for public officials whose application to resign is refused.