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

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. Over a number of years, the Committee has been commenting on the provisions of Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee previously noted a statement by the Government that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double to that of the expenses incurred by the State. The Committee recalled that career military servicemen who have voluntarily entered into an engagement should have 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 may normally be required to ensure the continuity of the service. Those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee has noted with interest the Government’s indication in its 2006 report that Legislative Decree No. 53 of 1962 has been abrogated by Legislative Decree No. 18 of 2003. The Committee requests the Government to communicate, with its next report, a copy of Legislative Decree No. 18 of 2003, as well as a copy of the Commander-in-Chief’s Decision No. 1 of 2003 governing the issue.