Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

1. Article 2, paragraph 2(c), of the Convention. For many years the Committee has referred to sections 23 and 24 of Act No. 144/AN/80 establishing the Prison Code, which state that the work of prisoners shall be organized by the prison administration and that prisoners may be employed by the public services or by private companies, although the work for private companies must be performed on prison premises. The Committee had drawn the Government’s attention to the fact that the Convention expressly prohibits a person from whom work is exacted as a consequence of a conviction in a court of law from being hired to or placed at the disposal of private individuals, companies or associations. Only work performed voluntarily may be considered exempt from this prohibition, since it necessarily requires the formal consent of the person concerned and, taking account of the circumstances of such consent, certain guarantees and protections, in particular with regard to wages, so that it may be considered a genuinely free labour relationship.

The Committee had asked the Government to provide information on the organization of work in prisons, with a copy of the model hire contract and details of working conditions.

The Committee notes that the Government indicates in its last report that a model hire contract does not exist, since contracts of work for prisoners are covered by the Labour Code. It also notes the information which the Government provided in reply to the general observation that the public or private employer must have the prisoner’s consent and ensure remuneration for the work, in line with his qualifications and the regulations in force (apart from food and any health care). Half the wage is paid directly to the person concerned, while the rest is retained by the prison administration and handed over to the prisoner as a social reintegration payment at the end of the sentence.

The Committee asks the Government to send copies of the contracts of employment concluded between the prisoner and the company and details concerning the conditions of work.

2. Freedom of workers to leave their employment. The Committee notes the reply provided by the Government in its last report to the Committee’s request concerning section 8 of Decree No. 91-029/PR/DEF concerning the conditions of service of military doctors and pharmacists, who are required to serve in the army for a period of 15 years. The Government indicates that this section has never been applied, since there have been no administrative, military or court proceedings concerning persons who left the army or asked to be released from their duties. This text will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with assistance from the Office, as soon as conditions are fulfilled for organizing tripartite national consultations.

3. The Committee notes the Government’s reply according to which section 109 of Act No. 72/AN/94/3eL concerning the conditions of service of the national police force and section 50 of Act No. 48/AN/83/1 concerning the conditions of service of public servants, which provide that resignations must be accepted in accordance with the regulations, have never been applied since no action has been taken against any person for resigning before the prescribed time. The Government indicates, however, that these texts will be examined in the light of the Convention, as part of the legislative and regulatory revision of labour standards which the Government hopes to undertake with assistance from the Office, under the conditions described above.

4. In its previous comments the Committee had asked the Government for additional information on the ways in which the freedom to leave employment is ensured with respect to career servicemen who have to submit a request to the Supreme Military Council if they wish to resign, in particular if their studies have been financed by the armed forces.

The Committee notes that section 69 of Decree No. 68-043/PRE of 31 May 1988 concerning the conditions of service of military personnel states that the resignation of a career serviceman can only occur at the written request of the person concerned to leave the services and this must be addressed to the appointing authority. The resignation takes effect at the date set by this authority. The decision of the competent authority must be made within a maximum period of three months. Section 68 of the same Decree provides that the status of a career serviceman formally ceases as a result of a resignation that is accepted in accordance with the regulations. The Committee asks the Government to provide information on the criteria applied for refusing a resignation, on the recourse possible against this decision and the penalties which may be imposed in the event of a breach of regulations.

The Committee asks the Government to provide information on progress made with regard to ensuring that servants of the State have the freedom to leave their employment.