Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes that the Government's report does not address the questions raised in the previous direct request. It hopes that the next report will include full information on the following matters.

The Committee has noted the Government's statement in its report supplied in 1988 that there are no restrictions for persons employed in the public sector to leave the service on their own initiative in times of peace and in circumstances where the life and well-being of the population are not endangered.

In its previous comments, the Committee noted that under section 64 of the Civil Servant Code, the Minister may refuse the resignation and, in such a case, the civil servant concerned may lodge an appeal under a procedure provided for under section 60 of the Code. It also noted that section 65 of the Employment Regulations for state companies provides that the resignation is accepted when the company gives the applicant a written approval. Referring to an indication by the Government in an earlier report, the Committee further noted that the Bill relating to the revision of Resignation Regulations for the Armed Forces, adopted on 29 April 1980, provides that both persons educated at the Government's expense to serve in the armed forces and those for whose education the Government has not incurred expense may ask to resign but the force or organisation concerned may in any case refuse the resignation.

The Committee requests the Government to supply copies of guide-lines or regulations defining the circumstances in which the Minister may refuse the resignation of a civil servant. More generally, the Committee again requests the Government to supply the full texts or copies of all relevant sections of the statutory instruments referred to above, indicating also any measures which have been taken or which may be contemplated 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.