Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Articles 1(1) and 2(1) of the Convention. Freedom of workers to terminate employment. 1. In its earlier comments the committee referred to section 35(2) of the Labour Code (Act No. 5 of 1995), which lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice, and to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to clarify whether a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

The Committee has noted the Government’s indication in its latest report concerning a draft amendment to the Labour Code, which aims at ensuring that a worker has the right to terminate employment upon his/her request, without indicating any particular reason for termination, provided that a request is submitted at least one month prior to the date of resignation. According to the report, the draft amendment has not yet been discussed, though the comments made by social partners have already reached the government. The Committee expresses firm hope that the necessary amendments to the Labour Code will be adopted in the near future in order to bring the legislation into conformity with the convention on this point and that the Government will soon be in a position to report the progress made in this regard. Please also provide information on the results of a tripartite workshop to discuss the draft amendment, to which reference has been made in the report.

2. In its earlier comments, the committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control (and after seven years of effective service). The Committee pointed out that career military servicemen cannot be denied the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

While having noted the Government’s view expressed in the report that members of the armed forces enjoy privileges and normally do not wish to resign, the Committee reiterates its hope that the necessary measures will be taken with a view to bringing legislation into conformity with the Convention on this point. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above sections 95 and 96 in practice, indicating in particular, for recent years, the number of applications for resignation received, approved, and denied, and the reasons for denial.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee requested information on measures taken or envisaged to give effect in national law and practice to this Article of the Convention, which requires each ratifying State to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. The committee previously noted that the Government’s explanations concerning sections 246 (unlawful detention or deprivation of liberty) and 248 (buying, selling, or disposing of any person in any way or trafficking in persons for the purpose of exploitation) of Law No. 12 of 1994 on Crimes and Penalties. While having noted the Government’s statement in the report that there are no statistics on penalties imposed for the illegal exaction of forced labour, the committee again requests the Government to provide, in its next report, information on the application of sections 246 and 248 in practice, indicating the penalties imposed and including copies of any relevant court decisions.

Communication of texts. The Committee requests the Government to supply copies of any rules or regulations governing prison labour, issued under Act No. 48 of 1991 relating to prisons.