Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee has been requesting the Government since 1981 to supply information on the terms of service of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service. The Committee noted the Government's statement in its report for the period ending 30 June 1987 that it considers the military service, being a voluntary one, not to be covered by the Convention. Referring to the explanations given in paragraphs 33, and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, as well as to point 2 of its observation under the Convention, the Committee recalled that even where employment is originally the result of a freely concluded agreement, the worker's right to free choice of employment remains inalienable, so that he must have the possibility of leaving the service in peace time within a reasonable period.

In its report for the period ending June 1989, the Government added that military personnel, apart from being voluntary employees, do not fall within the definition of industrial workers and therefore are not covered by any labour law. The Committee observed that the protection of the Convention is not limited to industrial workers but extends to all persons.

In its latest report the Government reiterates its previous stand that voluntary service does not fall under the purview of the Convention and that these workers are not covered by the Industrial Relations Ordinance. The Committee cannot but refer in this connection to its above comments concerning the right of all workers to leave their service within a reasonable period and the scope of the Convention which extends to all persons.

The Committee notes the Government's statement in its report that officers and other personnel employed in the armed forces receive extensive training and the country cannot afford to give them free option to leave the service. However recourse or discharge might be given if there exists a justified cause for such release or discharge.

Referring to the explanations provided in paragraphs 55 to 62 and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour in which it examines the question of compulsory service linked to training received and restrictions on freedom of workers to terminate employment, the Committee requests the Government to provide information on the length of service of the different categories of career military personnel in relation to the length and the nature of training received and on any possibilities for them to leave the service in peacetime by reimbursing the expenses of their training. The Committee hopes that the Government will provide a copy of the corresponding provisions as well as more generally of the terms and regulations governing the terms of service in the armed forces, in particular regarding the terms of enlistment and the conditions for resigning from the service.