Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

1. Article 2, paragraph 2(c), of the Convention. In its previous direct request the Committee asked the Government to indicate whether the work performed by detainees is supplied by the State or by private individuals or enterprises.

In its report the Government indicates that the work of detainees is supplied by the State, in accordance with the relevant legislation (section 58 of Act No. 244 respecting prison rules). The Committee observes that under section 65 of the same Act prison workshops may be contracted out to employers, private individuals or enterprises if the State is unable to set them up or operate them.

The Committee asks the Government to provide information on the practical effect given to section 65 of Act No. 244 respecting prison rules.

2. Freedom of workers in the service of the State to terminate their employment. In its previous direct request the Committee asked the Government to provide a copy of the provisions governing the criteria for the acceptance of retirement applications from members of the armed forces, envisaged in section 205 of Organic Act No. 873.

The Committee notes the Government's indication that no such provisions exist but that, in practice, servicemen other than officers undertake to serve for four years, after which soldiers or policemen may retire voluntarily by submitting a written application to their supervisor. Officers may apply for voluntary retirement at any time and acceptance depends on the Head of State, who usually gives his consent.

The Committee observes that the four-year period applying to servicemen other than officers does not appear to be in keeping with the notion of the "reasonable period" required for the termination of the labour relationship, and that the lack of any provisions for officers, which means that acceptance of applications for voluntary retirement is left to the discretion of the Head of State, makes it impossible to ascertain whether the freedom of these servicemen to leave on their own initiative is guaranteed in practice.

The Committee asks the Government to provide information on the situation of career servicemen, other than officers, who in the last two years have applied to leave the service before completion of the four year period, and of officers whose applications for retirement have been refused during the same period.