Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Freedom of persons in the service of the State to leave their employment.  Over a number of years, the Committee has been commenting on the provisions of Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee previously noted a statement by the Government that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double that of the expenses incurred by the State. The Committee recalled, with reference to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, that career military servicemen who have voluntarily entered into an engagement should have 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; those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee previously noted the Government’s indications in its report that the Committee for Consultation and Tripartite Dialogue was about to examine the abovementioned Legislative Decree No. 53 of 1962 with a view to amending it so as to meet the Committee of Experts’ requests concerning the acceptance of the resignation of the individuals of the armed forces. In its latest report, the Government states that the Committee’s comments on the right of volunteers to leave the service in peacetime are acceptable and applied in the armed forces; it also indicates that a volunteer who has benefited from a scholarship can leave the service upon reimbursement of half of the expenses incurred by the State, and not double those expenses as it was previously indicated. The Committee requests the Government to clarify this issue and again expresses the hope that the necessary measures will at last be taken to amend the legislation so as to ensure full conformity with the Convention on this point, in law and in practice.