Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the Government's report and the information to the effect that the preliminary draft of a new General Labour Act has been sent to the employers' and workers' organizations for approval. Since the Government has been referring to the above draft since 1990, the Committee hopes that it will be discussed and adopted by the National Congress in the near future. It asks the Government to keep it informed of any progress in this respect.

1. The Committee notes that Act No. 1178 repealed Legislative Decree No. 11049 and that the present Presidential Decree, No. 23326 of 10 November 1992, establishes the Administrative Careers Act but contains no provisions on forms of discrimination and their prohibition. The Committee asks the Government to state which legal provisions prohibit discrimination on the various grounds set out in Article 1, paragraph 1(a), of the Convention, in the public sector.

2. Subsection (c) of section 12 of Presidential Decree No. 23326 refers to a Manual of Posts in the Public Administration. Subsection (e) refers to "impediments and specific incompatibilities of the public service". The Committee asks the Government to provide a copy of the above Manual and to state what these impediments and incompatibilities are, and to provide a copy of the legal text establishing and defining them.

3. The second paragraph of section 13 of Decree No. 23326 refers to the creation of a "Governing Body of the System". The Committee asks the Government to provide copies of the regulations governing (a) the creation and procedure of the Governing Body of the System; (b) the convening of applicants to competitive examinations and the selection of candidates; and (c) a copy of the manual governing recruitment in the public administration.