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1. Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee noted the Government’s repeated indications that the provisions restricting the freedom of public servants and members of the armed forces to leave their employment (section 71 of Act No. 40 of 1974 regarding service in the armed forces; section 108 of Act No. 55 of 1976 regarding public service), which are contrary to the Convention, had been submitted to the competent authorities with a view to their amendment.

As the Committee repeatedly pointed out, referring also to the explanations in paragraphs 68 and 72 of its General Survey of 1979 on the abolition of forced labour, the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. Furthermore, the provisions relating to compulsory military service included in the Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

While noting the Government’s renewed commitment to take the Committee’s comments into account when amending the abovementioned provisions, the Committee hopes that the necessary measures will at last be taken to bring the legislation into conformity with the Convention on this point. Pending the revision, the Committee requests the Government to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Act No. 40 of 1974 regarding service in the armed forces.

As regards the public service, the Committee recalls that, in its earlier comments, it noted the Government’s indication in its 2000 report that a Bill entitled "Public Service Code" would be transmitted to the General People’s Congress with a view to its consideration and promulgation. Section 91(1) of the Bill provided that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, paragraph 2 of the same clause stipulated that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3) of the Bill). The Committee asked the Government to describe the nature of the conditions or restrictions to which resignation may be linked, so that the Committee could ascertain whether they are consistent with the Convention.

Since the Government’s report contains no information on this issue, the Committee requests the Government to provide such information in its next report and reiterates firm hope that the provisions of the abovementioned "Public Service Code" will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. The Committee asks the Government to keep the ILO informed about the progress made in the consideration and the adoption of the Bill and to supply a copy of the "Public Service Code", as soon as it is adopted.

2. In its earlier comments, the Committee noted the Government’s indication, with regard to the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code, that this clause was to be amended by the new draft Labour and Employment Code, which had to be submitted to the General People’s Congress with a view to its promulgation. The Government stated that, according to section 3 of the draft, the Code shall apply to all the parties involved in work, including all domestic workers.

The Government indicates in its latest report that the draft Labour Code is still under preparation and has not yet been promulgated. The Committee would appreciate it if the Government would provide the text of the new Code as soon as it is adopted.