Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s reply to its earlier comments. It notes in particular the information supplied by the Government in reply to its 1998 general observation concerning prison labour.

1. The Committee previously noted the Government’s indications that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment under the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 regarding service in the armed forces, and in section 108 of Act No. 55 of 1976 regarding public service, which are contrary to the Convention, had been submitted to the competent authorities with a view to their modification.

The Government indicated in its previous report that measures had already been taken to amend the abovementioned provisions; it stated that a Bill entitled "Public Service Code" would be transmitted to the general people’s congress with a view to their consideration and promulgation. The Committee noted that section 91(1) of the Bill provided that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, paragraph 2 of the same clause stipulated that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3)). Referring to the explanations given in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, the Committee observed that the provisions of paragraphs 2 and 3 of section 91 of the Bill contained restrictions on the freedom of employees to terminate their employment, which affected observance of the Convention. It asked the Government to describe the nature of the conditions or restrictions to which resignation may be linked under paragraph 2 of section 91, so that the Committee could ascertain whether they are consistent with the Convention.

The Government indicates in its latest report that the Bill referred to above has not yet been promulgated. The Committee expresses strong hope that the provisions in question will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. It reiterates its hope that the Government will shortly be in a position to provide a copy of the provisions adopted to this end. It also repeats its request for information on the measures taken to amend section 71 of Act No. 40 of 1974 with regard to service in the armed forces, to which the Government referred in its previous report.

2. In its earlier comments, the Committee recalled the discussion that took place in the Conference Committee in June 1992 during which the Worker members of the Conference Committee observed, regarding the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Conference Committee had expressed the hope that the Government would keep the Office informed by means of a report containing detailed information.

The Committee notes that the Government reiterates its previous statement in the report that there are no cases pending concerning Sri Lankan women employees in the Libyan Arab Jamahiriya. It noted the Government’s indication in its previous report, concerning the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code, that this clause was to be amended by the new draft Labour and Employment Code, which had to be submitted to the general people’s congress with a view to its promulgation. The Government indicated that, according to section 3 of the draft, the Code shall apply to all the parties involved in work, including all domestic workers.

The Committee notes the Government’s indication in its latest report that the new Code is still under discussion. It would be grateful if the Government would provide the text of the new Code as soon as it is adopted, and continue to provide detailed information in its future reports on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya in connection with the freedom to leave their employment.