Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s reply to its earlier comments.

1. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee noted the Government’s 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.

The Committee previously noted the Government’s indication that a Bill entitled "Public Service Code" would be transmitted to the General People’s Congress with a view to their 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 supply a copy of the "Public Service Code", as soon as it is adopted.

As regards service in the armed forces, the Committee repeats its request for information on the measures taken to amend section 71 of Act No. 40 of 1974 referred to above.

2. As regards the freedom of domestic workers to leave their employment, in relation to the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya, the Committee has noted the Government’s indication in the report that no such cases involving Sri Lankan domestic workers or domestic workers of other nationalities have been reported.

The Committee previously noted the Government’s indication concerning 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 Committee notes from the Government’s latest report that the new Labour Code has not yet been promulgated. It would be grateful if the Government would provide the text of the new Code as soon as it is adopted.