Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee has noted the information provided by the Government in reply to its earlier comments, as well as the information supplied in response to its general observation of 1998. It has noted, in particular, the provisions of Act No. 12 of 1994 on Crimes and Penalties and Act No. 13 of 1994 on Penal Procedure. It has also noted the Government’s statement in the report that no regulations concerning prison labour have been adopted under Act No. 48 of 1991 on the organization of prisons and reiterates its hope that copies of such regulations will be supplied, if and when they are adopted.

Freedom of workers to terminate employment

1. The Committee previously noted the provisions of the Labour Code (Act No. 5 of 1995) concerning termination of employment. It noted that section 35(2) of the Code lays down an exhaustive list of cases where a worker may unilaterally terminate his contract of employment without prior written notice, and section 36 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 right to terminate his contract of employment at his own request without indicating any specific reason, simply by means of notice of reasonable length.

The Government indicates in its report that, in reality, resignation can be submitted without indicating a reason, provided that the request is submitted at least one month prior to the date of resignation, and that it intends to add a legal text to the Labour Code in this regard when it amends it. The Committee hopes that such amendments will be made in the near future in order to bring the legislation into conformity with the Convention on this point and requests the Government to supply copies of the amendments, as soon as they are adopted.

2. The Committee previously noted that section 90(4) of Act No. 67 of 1991 concerning military service refers to resignation as one of the grounds for termination of service of career military personnel. Section 95 of the Act stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and he spent eight years in effective service. Section 96 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). Referring to the explanations given in paragraphs 68 and 72 of its 1979 General Survey on the abolition of forced labour, the Committee points 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. The Committee hopes that the necessary measures will be taken with a view to bringing the above provisions into conformity with the Convention on this point and requests the Government to provide information on the progress made in this regard.

Article 2, paragraph 2(d), of the Convention. In its earlier comments, the Committee requested the Government to provide copies of legal texts allowing labour to be mobilized in an emergency. It has noted the Government’s renewed statement in its report that there are no legal texts on this subject. The Committee hopes that any such text will be communicated to the ILO, if and when it is adopted.

Article 25. Referring to its earlier comments, the Committee reiterates its request for 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.