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Repetition

Article 1(c) and (d) of the Convention. Penal sanctions applicable to public servants for breaches of labour discipline and for having participated in strikes. 1. Labour discipline. The Committee previously noted that, under section 420(1) of the Criminal Code, any public servant who fails to carry out his/her duties in a proper manner, to the prejudice of state, public or private interest, shall be subject to imprisonment not exceeding six months, which involves an obligation to perform labour by virtue of section 111(1) of the same law, or a fine. Where substantial damage has resulted from the above acts, the penalty may be increased up to the general legal maximum (section 420(2)). In this regard, the Committee had noted the Government’s indication that, although section 420 may emanate from breaches of labour discipline, the provision concerns criminal acts of individuals who violate their work duties and cause harm to the state, public or private interest. The Government also indicated that, for breaches of labour discipline, in the strict sense of the term, administrative measures were taken.

The Committee notes the Government’s reiterated statement in its report that, according to the labour law and the civil servants law, only administrative measures are applicable as a means of labour discipline. The punishment for breaching labour discipline is more of an administrative type and is not a penal sanction. While noting this information, the Committee once again points out that, pursuant to Article 1(c) of the Convention, sanctions involving compulsory labour for breaches of labour discipline may only be applied if such breaches impair or are likely to endanger the operation of essential services, or in cases of wilful acts which would endanger the safety, health or life of individuals. The Committee observes in this connection that section 420(1) and (2) is worded in terms broad enough to lend itself to be applied as a means of punishment for breaches of labour discipline in the strict sense of the term. Furthermore, any infringement of these provisions may lead to the imposition of a prison sentence under which compulsory prison labour may be required. The Committee therefore once again requests the Government to take the necessary measures to amend section 420(1) and (2) of the Criminal Code in order to restrict its application to acts concerning the operation of essential services, or to situations where the life, health and safety of persons are in danger due to wilful acts, so as to bring the legislation into conformity with the Convention.

2. Participation in strikes. The Committee had also referred to section 421 of the Criminal Code, according to which any public servant who, in breach of his/her professional or statutory obligations, goes on strike of his/her free will, or urges others to strike, is punishable under abovementioned section 420, which provides for sanctions of imprisonment or a fine.

In this regard, the Committee notes the Government’s indication that, conducting lawful strikes as a means to guarantee basic labour rights is a constitutionally declared right in the country, and is not a crime. Therefore, no one is compelled to be punished through compulsory labour for participating in strikes.

The Committee once again draws the Government’s attention to the fact that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a punishment for having participated peacefully in a strike. It points out that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring section 421 of the Criminal Code into conformity with the Convention, so as to ensure that persons peacefully organizing or participating in a strike are not liable to sanctions of imprisonment involving an obligation to work. The Committee requests the Government to provide information on the progress made in this regard.

Communication of texts. Noting that the Government’s report contains no information on this matter, the Committee requests it to provide a copy of the legislation governing labour discipline in merchant shipping.