Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - República Árabe Siria (Ratificación : 1960)

Otros comentarios sobre C029

Observación

Solicitud directa

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Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In comments it has been making since 1987, the Committee referred to Legislative Decree No. 53 of 1962, under which the resignation of a volunteer member of the armed forces can only be accepted after the completion of the full duration of the first contract of engagement by virtue of an order of the Commander General of the army and the other armed forces. Volunteers and career members of the armed forces can only submit their resignation, if they are free from any financial obligation. In case they have received a scholarship for a period abroad, their resignation can be submitted only after at least ten years’ service, and with the approval of the competent section of the administration. The Committee requested the Government to provide information on the manner in which the provision regulating the resignation under the Legislative Decree is applied in practice.

In its report of 2011, the Government indicates that Legislative Decree No. 53 of 1962 has been abrogated by Legislative Decree No. 18 of 2003. The Government also refers to section 129 of Legislative Decree No. 18 of 2003, and section 51 of the Commander-in-Chief’s Decision No. 5 of 2005, pursuant to which a military person sent for studies inside or outside the country shall serve in the armed forces for a period of time which is equivalent to the period of the studies and will be entitled to submit the resignation only after the expiration of this period. The Government also indicates that the resignation can be accepted only upon the reimbursement of the expenses incurred by the State.

The Committee notes that according to section 160 of Legislative Decree No. 18 of 2003, it appears that the resignation of a member of the armed forces is accepted only by virtue of an order of the Commander General of the army and the other armed forces; and that the administration may refuse the resignation. Section 161 of this Legislative Decree enumerates the conditions under which a resignation is accepted: the military serviceman has to be free from any financial obligation; the deployment period has to be completed; and he has to have completed the duration of his first contract. Accordingly, it would appear that Legislative Decree No. 18 has abrogated the provision under which military servicemen, if they have received a scholarship for a period abroad, can only submit their resignation after at least ten years’ service.

The Committee requests the Government to provide information in its future reports on the duration of the first contract, for which a military serviceman is engaged, as well as the number of resignations which have been accepted, as well as those which have been refused, and the grounds for refusal.