Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1) and 2(1) of the Convention. Restrictions on freedom of workers to terminate employment. Over a number of years, the Committee has been referring to the Essential Services (Maintenance) Act, No. LIII of 1952, under which termination of employment by any person employed by the central Government, without the consent of the employer, is punishable with imprisonment for up to one year, notwithstanding any express or implied term in the contract of employment providing that the employee may freely terminate his or her employment with notice (sections 3, 5(1)(b) and Explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions apply to every employment under the central Government and to any employment or class of employment declared by the Government to be an essential service. The Committee also referred to the Essential Services (Second) Ordinance No. XLI, 1958, which contains similar provisions (sections 3, 4(a) and (b) and 5).

The Committee points out, once again, referring also to the explanations contained in paragraphs 96 and 97 of its 2007 General Survey on the eradication of forced labour, that even regarding employment in essential services whose interruption would endanger the existence or well-being of the whole or part of the population, provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are incompatible with the Convention.

The Committee notes the Government’s statement in its report that the Essential Services (Maintenance) Act No. LIII, 1952, has not yet been repealed, but has become redundant and its provisions are no longer applied in practice. As regards the Essential Services (Second) Ordinance, No. XLI of 1958, the Government indicates again that it is still in force and is not listed among the existing legislative texts to be repealed in the course of the labour legislation reform.

While noting the Government’s repeated statement that it is in favour of the freedom of workers to terminate their employment by way of notice of reasonable length, the Committee expresses the firm hope that the necessary measures will at last be taken to formally repeal the Essential Services (Maintenance) Act No. LIII, 1952, and to repeal or amend the Essential Services (Second) Ordinance No. XLI, 1958, in order to bring legislation into conformity with the Convention, and that the Government will soon be in a position to report the progress made in this regard.

Articles 1(1), 2(1) and 25. Trafficking in persons. Law enforcement. The Committee notes the information provided by the Government concerning various measures taken by different ministries, human rights organizations and law enforcement agencies to combat trafficking in persons for the purpose of exploitation, including awareness raising and prevention measures. The Government states that, due to these measures, and particularly due to the activities of law enforcement agencies, the problem has been considerably reduced. The Committee also notes statistical information concerning the number of investigations and convictions during the reporting period.

The Committee hopes that the Government will continue to provide information on the progress achieved in the implementation of the various action programmes against trafficking and will pursue its efforts to strengthen the law enforcement mechanism. Please continue to supply information on the number of trafficking offences reported, the number of prosecutions initiated and the number of convictions obtained, indicating the penalties imposed.