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

The Committee notes that the Government's report does not contain a reply to its previous request. It hopes that the Government will supply full particulars on the following points which it raised in its previous direct request.

1. The Committee requests the Government to supply information on the effect given in practice to the provisions of Act No. 89-51 of 14 March 1989 respecting national service, and in particular on the proportion of young persons who have to carry out their service in one of the forms set out in section 3 of the Act, as specified by order of the Secretary-General of the National Defence each year, in accordance with section 8 of the Act.

The Committee also requested the Government to supply information on the effect given in practice to Decree No. 1232 of 1 August 1990 fixing the procedures for the detachment of national service conscripts, and in particular on the numbers of conscripts assigned to public or private employers as determined each year by the Minister of National Defence (section 4 of the Decree).

2. In its previous comments, the Committee referred to the provisions respecting resignation contained in the following texts:

- section 77 of Act No. 83-112 of 12 December 1983 to issue the general conditions of service of employees of the State, of local communities and of public administrative establishments, under which the resignation of a public servant only comes into effect when it has been accepted, as well as the Prime Minister's Circular No. 3 of 31 January 1984 respecting the procedure for applying the provisions of the above Act, under which the absence of a reply from the department regarding a resignation request is equivalent to an implicit decision to reject the resignation;

- particular texts concerning magistrates, members of the armed forces, members of the internal security forces and employees in public industrial and commercial establishments, to whom Act No. 83-112 is not applicable;

- section 27 of Act No. 67-20 of 31 May 1967 issuing the general conditions of service of members of the armed forces, under which resignation has to be approved by the Minister of National Defence.

The Committee once again requests the Government to supply information on the effect given in practice to the provisions respecting resignation which govern each of the various categories of persons in the service of the State, and particularly on the criteria applied by the competent authority or, where appropriate, by joint administrative committees as grounds for rejecting a resignation request.

3. With reference once again to Decree No. 91-559 of 23 April 1991 to organize the air force, the Committee would be grateful if the Government would supply information on the possibilities available for student officers who have been admitted to the air force academy before they have attained the age of majority (section 32) to be released from their obligations once they have attained the age of majority.