Solicitud directa (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

1. The Committee has examined Decree No. 100/003 of 3 January 1990 on fellowships and traineeships communicated by the Government.

The Committee notes that section 28 of the Decree restores the obligation on the recipient of a fellowship to undertake to serve the Government for a period of ten years.

An identical provision had drawn the Committee's attention in a previous text of law.

The Committee considers that the obligation of service linked to the training received should reflect concern for due proportion. It asks the Government to state what measures it intends to take either to alter the duration of the obligation prescribed or to enable the persons concerned to leave the State's service on their own initiative within a reasonable period, at specified intervals or by giving notice.

2. In its previous direct requests the Committee commented on sections 340 and 341 of the Penal Code, that instituted as a penalty for begging and vagrancy terms of one to five years during which the persons concerned were placed at the Government's disposal and compelled to work in penitentiary institutions. The Committee noted that the Government was studying the question.

3. The Committee noted previously that, under section 43 of Presidential Decree No. 1/106 of 25 October 1967 on the conditions of service of non-commissioned officers in the armed forces and section 44 of Presidential Decree No. 1/111 of 10 November 1967 on the conditions of service of officers, the Minister of Defence might reject a resignation when he deemed it incompatible with the interests of the service.

The Committee notes the Government's indications that the rejection of a resignation may be the result of exceptional circumstances, for example the training of instructors or a scarcity of military personnel. In practice, according to the Government, continuation of service is decided upon after consultation with the member of the armed forces concerned; there are consequently no disciplinary penalties for or appeals against rejection of resignation.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour. In the case of career military personnel it observed that persons who had voluntarily entered into an engagement could 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 might normally require to ensure the continuity of the service. Consequently, the discretionary power of the authority finds its limits in the rights of the worker.

The Committee asks the Government to supply the texts applicable to a decision to reject a resignation and to consultations on resignation.