Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In its previous comments the Committee noted that under article 39(2)(b) of the Constitution "work done by a convicted person, carried out under normal conditions during the period of detention or probation" is not deemed to constitute forced labour. The Committee pointed out that the exception provided for in Article 2, paragraph 2(c), of the Convention concerns only convictions in a court of law; work imposed by administrative authorities or other non-judicial bodies does not fall within the scope of the exception. The Committee expressed the hope that the Bill on the enforcement of penalties, which was in the process of being drafted, would specify that only work exacted as a consequence of a conviction in a court of law shall not be deemed to constitute forced labour, provided that the said work is carried out under the supervision and control of a public authority and that the person convicted is not hired to or placed at the disposal of private individuals, companies or associations.

The Committee notes the information supplied by the Government in its report to the effect that the provisions of the Constitution refer to persons and situations that have been the subject of a final court decision.

The Committee hopes that the Act on the Enforcement of Penalties will contain the necessary specifications to preclude any ambiguity in the legislation on this subject. It asks the Government to provide information on any measures taken to this end.

2. The Committee referred to Act No. 24/1976 which requires persons who are out of work to register with the Directorate of Labour or its regional offices with a view to being placed in employment, and Act No. 25/1976 under which all decisions on placement were mandatory. The Committee noted the repeal of Act No. 25/1976. With regard to Act No. 24/1976, the Committee asked the Government to provide information on the measures taken or contemplated to ensure that the provisions of the Act cannot, in practice, serve as a means of exacting labour, and to provide copies of any provisions repealing the whole or part of the Act.

The Committee notes that in its last report the Government refers to the repeal of Act No. 25/1976.

The Committee notes that Act No. 1/1991 of 8 January 1991 on the social welfare and occupational reintegration of the unemployed (republished in Official Monitor No. 199 of 14 August 1992) requires unemployed persons to register with placement offices in order to qualify for unemployment benefit. The Committee recalls that it noted previously the Government's indication that when the Act on the Social Welfare of the Unemployed was adopted, the provisions of Act No. 24/1976 would be partly or entirely repealed, and hopes that the Government will indicate the measures taken in this respect.

3. The Committee notes the Government's information on the provisions concerning the payment of unemployment benefit to certain members of cooperatives.