Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes from the Government's report that a tripartite committee has been established and that it reviewed the draft Labour Code and introduced amendments to take into account the comments of the Committee of Experts and further promulgated ministerial orders to make the legislation compatible with the provisions of Conventions.

1. Article 2(1) of the Convention. Domestic workers and similar categories. The Committee had already noted the measures taken in order to protect these workers in the course of their recruitment by the domestic service agencies. The Committee notes from the Government's report that the contract concluded between the employer and the domestic servant is subject to the provisions of civil law and that conflicts are settled by civil courts.

The Committee asks the Government to indicate in its next report whether it is possible to derogate from the model contract, and to provide examples of such contracts. It also asks the Government to indicate whether the procedures before the civil courts are ordinary procedures or if there exist simplified procedures and to give examples of cases brought to the civil courts.

The Committee further notes that the Labour Code currently in force excludes domestic workers and that, pursuant to section 5 of the draft Labour Code, the competent minister will make an order specifying the rules governing the relationship between domestic servants and employees regarded as such by their employers.

The Committee takes due note of the statement in the report that a copy of the Labour Code will be provided as soon as it is adopted by the competent authority. It would also ask the Government to provide any ministerial order or any other legislative text to specify the rules governing the relationship between domestic workers and their employers.

2. Article 25. Further to its previous comments, the Committee notes the explanations in the report. The Committee observes that the Constitution prohibits forced labour (article 42), and an employer is prohibited from forcing a worker to do any work or task not provided for in the contract (Ministerial Order No. 105 of 1994). The Penal Code provides for penalties in case of threats to a person with a view to forcing that person to do something, although the legislation does not contain any specific provision under which the illegal exaction of forced or compulsory labour is punishable as a penal offence. It therefore invites the Government to take the necessary measures, for example by introducing a new provision to that effect in its legislation, and to provide information on any measures taken.

3. Resignation for career military personnel. While noting the information provided in the report, the Committee observes that the Government has not indicated what criteria would apply to the acceptance or rejection of a resignation presented in conformity with Law No. 32 of 1967 (sections 104 and 105). The Committee again recalls that career military personnel who have voluntarily engaged in the armed forces should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice (General Survey of 1979 on the abolition of forced labour, paragraphs 33 and 72). The Committee would again ask the Government to indicate what criteria would be applied to the rejection of a resignation presented in conformity with the law.