Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention.
1. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee referred to certain provisions restricting the freedom of public servants and members of the armed forces to leave their employment (section 71 of Act No. 40 of 1974 regarding service in the armed forces; section 108 of Act No. 55 of 1976 regarding public service). The Committee pointed out that such provisions are incompatible with the Convention.

The Committee notes from the Government’s report that section 71 of Act No. 40 of 1974 regarding service in the armed forces has been amended by Act No. 7 of 2007, and the new text of this section provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee requests the Government to supply, with its next report, a copy of the full updated text of Act No. 40 of 1974 regarding service in the armed forces.

As regards the public service, the Committee recalls that, in its earlier comments, it noted the Government’s indication that a Bill entitled “Public Service Code” would be transmitted to the General People’s Congress with a view to its consideration and promulgation. Section 91(1) of the Bill provided that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, the Committee noted that paragraph 2 of the same clause stipulated that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3) of the Bill). The Committee asked the Government to describe the nature of the conditions or restrictions to which resignation may be linked, so that the Committee could ascertain whether they are consistent with the Convention.

The Committee notes that the Government’s report contains no information on this issue and hopes that such information will be provided in its next report. Noting also the Government’s confirmation in the report that the Bill includes a provision authorizing public servants to resign without any prior conditions, the Committee reiterates its firm hope that the abovementioned “Public Service Code” will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. The Committee hopes that the Government will keep the ILO informed about the progress made in the adoption of the Bill and will supply a copy of the “Public Service Code”, as soon as it is promulgated.

2. Freedom of domestic workers to leave their employment. In its earlier comments, the Committee noted the Government’s indication, with regard to the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code, that this clause was to be amended by the new draft Labour and Employment Code, which had to be submitted to the General People’s Congress with a view to its promulgation. The Government stated that, according to section 3 of the draft, the Code should apply to all the parties involved in work, including all domestic workers.

Since the Government’s report contains no new information on this issue, the Committee understands that the draft Labour and Employment Code has not yet been promulgated and hopes that the Government would provide a copy of the new Code, as soon as it is adopted.