Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2, paragraph 2(d), of the Convention. In the comments it has been making since 1964, the Committee has pointed out that certain provisions of Decree No. 133 of 1952 respecting compulsory labour, particularly those of Chapter I concerning compulsory labour for purposes of health, culture or construction, and sections 27 and 28 concerning national defence work, the social services and road work, allow inhabitants to be called up for periods of up to two months; these provisions prescribe forms of compulsory service that go beyond the exceptions authorized by the Convention.

The Committee noted the Government's indications in its reports of June 1991 and 1992 that, in 1991 and 1992, the Council of Ministers asked the Ministry of Justice to submit the conclusions of the review of the Civil Defence Bill and to provide information on subsequent measures to secure its enactment.

The Committee noted previously from the Government's information that the Bill was to repeal Decree No. 133 of 1952.

The Committee trusts again that the Government will take the necessary steps in the near future to bring its legislation into full conformity with the requirements of the Convention.

Freedom of persons in the service of the State to leave their employment

2. With regard to the conditions for the resignation of public servants and other State employees, the Committee noted in its previous comments that, by virtue of Legislative Decree No. 46 of 23 July 1974, amending section 364 of the Penal Code, a term of imprisonment of from three to five years and a fine may be imposed on any person who has left or interrupted his work as a member of the staff of a ministry, a public administration or establishment or other public body, a municipality, a municipal establishment or any authority of the public or mixed sector before the issuing of the document announcing the acceptance of his resignation by the competent authority; the same penalty may be imposed on any person deemed to have resigned by abandoning his work and interrupting it for a period of 15 days. Furthermore, any person evading his obligations to serve the same authorities shall be subject to the same penalty, whether the obligation derives from a mission, a scholarship or study leave. The personal goods and property of the person concerned shall be confiscated.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, and again observes that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice. Persons who have benefited from a mission, a scholarhsip or study leave, even where this has been granted as the result of a freely concluded agreement, should also have the right to leave the service on their own initiative within a reasonable period that is proportional to the length of the studies financed by the State, or through the reimbursement of the assistance that they have received.

The Committee noted the indications in the Government's latest report that a letter has been sent to the Ministry of Justice concerning the procedure for the enactment of the Bill to amend the Penal Code. The Committee again expresses the hope that the necessary measures will be taken to ensure, both in law and in practice, that persons in the service of the State are free to leave their employment within a reasonable period.

3. The Committee noted that under Legislative Decree No. 53 of 1962, as amended by Legislative Decree No. 18 of 1983, the resignation of a volunteer member of the armed forces is accepted before the completion of the full duration of the first contract of engagement only by virtue of an order of the Commander General of the army and the other armed forces; that volunteers, after completion of their contracts, and career members of the armed forces can submit their resignation only with the approval of the competent section of the administration; and that if they have received a scholarship for a period abroad, their resignation can be submitted only after at least 10 years' service.

The Government indicated previously that voluntary service in the army is performed under a fixed-term contract, which is generally set at five years, and that the Commander General of the army may accept the resignation of a volunteer before completion of his period of engagement, taking into account the specific situation of the individual. The Committee asked the Government to indicate the period for which a contract containing an engagement to serve in the army may be concluded when it is not concluded for a five-year period.

The Committee also noted that, according to the Government, the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years' service under a clause included in the freely concluded contract. The Committee had asked the Government to indicate whether persons who have received a scholarship are free to leave the service through the reimbursement of the costs incurred by the State.

The Committee noted the Government's indication that it has been in contact with the Ministry of Defence whose reply will be communicated as soon as it is received. The Committee again expresses the hope that the Government will provide the information requested with its next report.

4. Legislation on vagrancy. The Committee noted that section 597 of the Penal Code provides for sentences of imprisonment involving the obligation to work of from one to six months for any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling.

The Committee again asks the Goverment to provide information on the number of sentences and their duration and to provide copies of the judgements handed down which define the scope of section 597 of the Penal Code.

The Committee noted the Government's statement that this information would be sent as soon as it is received. The Committee trusts that the Government will enclose it with its next report.