Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information contained in the Government's report and the various legal texts supplied.

1. Defence forces

The Committee takes note of the legislative texts governing the service of soldiers and officers.

The Committee notes that Legislative Decree No. 23 of 1979 respecting the service of soldiers provides, in section 15, that soldiers who are called upon to do technical or specialist training must sign an undertaking to extend the service for a period which is four times longer than the training period. Under section 22, extensions are cumulative in the event of successive training periods. Under section 18, if a soldier's resignation is accepted before the end of the period for which he has signed, he must repay the costs of training received.

Legislative Decree No. 16 of 1977 respecting the service of officers provides, in section 2, that before being appointed, applicants are sent to a university or other educational establishment and, under section 4, that upon obtaining their qualifications, they must undertake to serve for an uninterrupted period of 15 years during which they may not resign, and that this period may be extended, on order, for further five-year periods.

In addition, under section 102, officers may be sent for specialised training and, in such cases, must undertake, in principle, to sign on for a period of service which is four times longer than the training period. These periods are cumulative in the event of successive specialisations (section 111). Lastly, if the resignation of an officer is accepted before the end of the period of service for which he has signed, he must repay the costs of training received.

The Committee wishes to recall in this connection that it considers that the persons concerned cannot be deprived of the right to leave the service in peacetime within a reasonable period, at specified intervals or by giving notice.

The Committee asks the Government to specify under what conditions a member of the armed forces may be exempted from periods of service which remain to be completed, in the event of resignation, giving particulars of the conditions for repayment and supplying examples, if any.

2. Public service

(a) Length of engagement and conditions of resignation

The Committee notes the content of the provisions on the conditions for the resignation (particularly the length of the notice period) of public employees, of which the Government provided a copy.

(b) Training and the obligation to serve for a specified period

The Committee notes Ministerial Decision No. 5 of 1980 concerning the training of public service employees, section 10 in particular, and the Regulations of 1980 respecting training in the public service. The Committee gathers that the conditions for resignation do not change in the event of training being undertaken by a public service employee. It asks the Government to specify whether or not this is so.

(c) Non-voluntary office or service

The Committee noted that section 107 of the Penal Code defines the term "civil servant" and that, under paragraph 2, "the office or service may be ... voluntary or forced". The Committee notes the information on this point supplied by the Government; it notes Legislative Decree No. 5 of 1987 respecting reserve military forces.

The Committee asks the Government to specify other cases where the office or service may be non-voluntary.

(d) Freedom to leave the service

In its previous comment, the Committee noted that section 293, paragraph 1, of the Penal Code provides for penalties of imprisonment "when three or more civil servants abandon their work, even in the form of resignation ... and if it is under a common accord among them or in view of realising a common objective", and that by virtue of section 297, this provision is also applicable to persons in charge of public services and to any individual who performs work related to public service even if he neither has the status of a civil servant, nor is in charge of a public service.

The Committee notes the information supplied by the Government in its report, to the effect that section 293 of the Penal Code does not apply in the case of a public servant who individually abandons his work, abstains from discharging his duties or resigns, because such cases are governed by the Public Service Statute. According to the Government, the purpose of the provision in question is to prevent civil servants, under a common accord or in view of realising a common objective, from abandoning their work or abstaining from discharging their duties, even in the form of resignation, since such conduct is liable to provoke a work stoppage and the paralysis of the public service.

The Committee asks the Government to indicate whether any judicial decisions have been handed down pursuant to section 293 of the Penal Code and, if so, to provide a copy of them.

The Committee also refers to its observation on the Convention and hopes that in its next report the Government will indicate any sanctions that apply to seamen who fail to comply with section 98 of the Code which prohibits crew members from leaving the vessel without authorisation.

3. Prison labour

The Committee takes note of the texts governing prison labour supplied by the Government. It notes the Government's statement that the legislation on prisons does not allow convict labour to be hired to, or placed at the disposal of, private individuals, companies or associations. It asks the Government to indicate the work to which a convict may be assigned by the prison warder, pursuant to the provisions of Regulation 19 of the Prison Regulations of 1964, and the particular type of work that may be provided for under the sentence of imprisonment. The Committee asks the Government to provide examples of such work and such sentences.

4. Article 25 of the Convention

The Committee pointed out in its previous direct request that sections 198 and 107 of the Penal Code did not appear to provide for penal sanctions in the event of forced or compulsory labour being illegally exacted for private activities.

The Committee notes that, according to the Government, amendments are being examined in this connection. The Committee requests the Government to provide information on the measures taken or under consideration in this respect.

5. New legislation and amendments

(a) The Committee asks the Government in its future reports to enclose copies of any legislation on labour in the event of national emergencies, which might be adopted under article 13(c) of the Constitution.

(b) The Committee notes the Government's statement in its report that the competent departments were examining the amendments to be made to sections 198 and 293 of the Penal Code, in the light of the provisions of the Convention. The Committee hopes that it will be possible for the above examination to include other provisions on which it has commented and asks the Government to provide information in its next report on any amendments made and, if appropriate, a copy of them.