Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes from the Government's report that Royal Decree No. 773 of 18 June 1931 and Royal Decree No. 383 of 3 March 1934, which authorize the prefect to issue requisition orders in particularly difficult situations in the event of strikes in the essential services, are still in force, although this matter has been covered by a broad revision in the context of Act No. 146 to issue provisions respecting the right to strike in essential public services and to safeguard the rights of the individual which are protected by the Constitution, as well as to establish a commission to ensure that the law is applied. The Committee also notes the decision handed down by the Constitutional Court of 27 May 1961, which was transmitted by the Government, which declared section 2 of Decree No. 773 to be partially unconstitutional. The Committee requests the Government to consider the possibility of formally repealing the above Decrees in order to bring the national legislation formally into conformity with the Convention.

2. The Committee notes the information contained in the Government's report to the effect that section 63 of Act No. 469 of 1961 is no longer applicable to the resignation of personnel in the fire services, since the national fire service is part of the Ministry of the Interior. The Committee requests the Government to indicate the provisions governing the resignation of the personnel of the national fire service.