Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee notes the information supplied by the Government in its report.

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted the information supplied by the Government to the effect that prisoners working for private enterprises do so under conditions similar to those which prevail for free workers, and expressed the hope that the necessary measures would be taken to ensure that prisoners could not, in law as in practice, be put at the disposal of private persons, companies or corporations without their consent. The Committee noted that a circular along these lines would be addressed to the prisons and brought to the attention of prisoners and it requested the Government to communicate a copy of the circular in question.

The Committee notes that the Government's report does not contain information in this connection and hopes that the Government will indicate the action that has been taken and supply copies of any orders that have been issued.

2. Freedom of workers to terminate their employment. In its previous direct requests, the Committee requested the Government to communicate information on national legislation and practice concerning the situation of different categories of persons in the service of the State, particularly in respect of the freedom to leave the service on their own initiative within a reasonable time and it noted the information supplied by the Government concerning career members of the armed forces, administrative prison staff and the national fire service.

(a) Career members of the armed forces. The Committee previously noted the Government's statement in its report received in 1984, that under Act No. 69/1974 respecting standards with relation to the termination of the service of active officers from the army, navy and air force, permission to leave the service may be refused for pressing reasons of service, including the acute shortage of staff, a situation which could be prolonged indefinitely. The Government added that there was a need to check to what extent this permission is actually refused and that the Defence Minister had undertaken to supply statistics on concrete cases which would be communicated as soon as they were available. The Committee noted that by virtue of Act No. 599/54, regarding the status of non-commissioned officers, the acceptance of their resignation may also be delayed for similar reasons and it hoped that the information that the Government proposed to supply would give a clear indication of the number of cases and the extent of the refusal or the delay before accepting resignation.

The Committee notes with interest the information supplied by the Government according to which, during the 1986-88 period, all resignation applications were accepted and that the applications of 51 officers and six non-commissioned officers in the army, 63 officers in the navy and 11 officers in the air force were delayed for a brief period.

The Committee requests the Government to supply information in its future reports on any changes in these practices and to indicate the grounds upon which any decisions to refuse resignation applications have been made.

(b) Administrative prison staff. The Committee noted the Government's statement in its report received in 1984 that the voluntary resignations of staff members of this service are almost always accepted by the administration and that, according to the competent administrative body, refusal of resignation is very rare, always temporary and dictated by the essential requirements of the service. The Committee requested the Government to supply further information on the nature of the requirements considered essential in the service, which may be used to delay acceptance of voluntary resignation, as well as on the length of such delays.

The Committee notes the information supplied by the Government according to which the nature of the requirements considered essential in the service are the unplanned absence of a person in a unit which prevents the operation of the unit, thereby causing serious and irreversible harm to the administration.

With reference to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee points out that, although the right of a person to resign may be limited in emergency situations, within the meaning of Article 2, paragraph 2(d), of the Convention (that is, in situations that would endanger the existence or the well-being of the whole or part of the population), statutory provisions preventing a worker from terminating his employment by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law and are incompatible with the Convention.

The Committee requests the Government to supply information on the number of cases in which resignation applications have not been accepted and on the length of the delay in accepting these resignations.

(c) National fire service. The Committee noted the information supplied by the Government that section 63 of Act No. 469 of 18 May 1961 provides that non-commissioned officers and men in the ranks, who are permanent members of the National Fire Service, may, whenever they so wish, submit their resignation and that they are obliged to guarantee their service up to the moment when the acceptance of their resignation is communicated to them. The Committee also noted that the third clause of section 63 cited above provides that the acceptance of the resignation may be refused or delayed for pressing reasons of service or while the person concerned is subject to disciplinary action. The Committee requested the Government to supply clarifications regarding the notion of pressing reasons of service.

The Committee notes the information supplied by the Government that the concept of pressing reasons of service refers to exceptional or emergency situations. The Committee requests the Government to indicate the number of cases of refusal or delays in accepting resignations and the length of these delays.

3. The Committee requests the Government to indicate whether Royal Decree No. 773 of 18 June 1931 and Royal Decree of 3 March 1934, which authorise the prefect to issue requisition orders in particularly difficult situations in the event of strikes in the essential services, are still in force. If so, it requests the Government to supply copies of these texts and of any judicial decisions that have set a precedent and defined the scope of the notion of essential services in this connection.