Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Articles 1(1) and 2(1) of the Convention. Right of public officials to resign. The Committee previously referred to sections 109 and 110 of the Civil Service Law (No. 1 of 2001), which repealed Law No. 9 of 1967, with respect to the public service, and noted that the new Law contains provisions similar to those of the repealed Law: officials cannot leave their work until their resignation is accepted by the competent authorities; the decision on the application to resign should be taken within 30 days from the date of the application; resignation is deemed to be accepted if the authority fails to decide upon its refusal or acceptance within the said period.

The Committee drew the Government’s attention to paragraphs 67 and 68 of its General Survey of 1979 on the abolition of forced labour, in which the Committee has considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. The Committee also recalled in this connection that the above provisions, which make it possible to retain workers in their employment, could be held compatible with the Convention only where they are necessary to cope with cases of emergency within the meaning of Article 2(2)(d) of the Convention.

While noting the Government’s indication in the report that the acceptance of resignation by the competent authority is a merely procedural measure which gives it an opportunity to ensure the continuity of the service, as well as the Government’s earlier statement that this procedure resembles the prior notice rule, the Committee reiterates its hope that, on the future occasion of the revision of the civil service legislation, the necessary measures will be taken in order to bring the above sections 109 and 110 into conformity with the Convention. Pending the adoption of such measures, and having also noted the Government’s previous indication that it is extremely rare for public administration to turn down an official’s resignation, the Committee again requests the Government to provide information on the application of these provisions in practice, indicating a number of resignations accepted and refused, as well as the reasons for refusal, and to supply copies of decisions handed down under section 93 of the Law on the appeal against refusal.