Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee referred to section 64 of the Civil Servants Code, under which the resignation of a civil servant may be rejected by the employer within one month from the filing date, though the employee has the right to appeal against rejection of the resignation. The Committee also noted that the provisions of section 65 of the Employment Regulations for State Companies make the resignation effective from the date when the company approves it in writing, whereas an employee is obliged to remain in his/her occupation until the end of the notice period and until the resignation is finally approved by the company. Since there is no provision making the resignation automatically effective upon the expiration of the term of notice, it follows from the wording of section 65 that the company may in effect refuse to give its approval of the resignation.

The Committee recalled that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. The Committee therefore considered that the above provisions do not conform to the Convention and requested the Government to take appropriate measures in order to ensure compliance.

The Committee notes the Government’s indication in its report that the Committee’s comments have been communicated to legislative authorities and that any information received from these authorities will be forwarded to the ILO.

The Committee reiterates its hope that the necessary measures will be taken to ensure that all persons in the service of the State are free to leave the service on their own initiative within a reasonable period, except in circumstances that would endanger the existence or the well-being of the whole or part of the population. It requests the Government to provide, in its next report, information on any progress made in this regard.