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

1. Article 25 of the Convention. The Committee has taken note of information on the conditions of recruitment through recruitment agents and the working conditions of foreign female domestic workers (who have purportedly been required to do domestic work other than that initially provided for in the contract, been paid less than the wages agreed upon, and been subjected to long working hours, and sometimes to beating and aggression). According to this information some of these workers would be held against their will; if they try to escape, anyone protecting them, particularly by hiding them, is guilty of an offence.

The Committee refers to its observation on the Convention, in which it notes the promulgation of new section 302bis of the Penal Code which provides that, without prejudice to the provisions of section 198 of the Code, anyone who subjects workers to forced labour for a specific job or who withholds without due cause the whole or a part of their wages is liable to imprisonment and a fine or to one or other of these two penalities. The Committee would appreciate if the Government would provide information on the practical effect given to this provision and on the measures taken or contemplated to ensure the protection of domestic workers against all forms of exploitation, including information on police action, on legal proceedings engaged and on penalties imposed on exploiters.

2. The Committee hopes that the Government will also provide information on the following points which it has raised previously:

(a) Freedom to leave the service

(i) The Committee noted in earlier comments that section 293(1) of the Penal Code provides for penalties of imprisonment "when three or more civil servants abandon their work, even in the form of resignation ... and if it is under a common accord among them or in view of realizing a common objective", and that by virtue of section 297, this provision also applies to persons in charge of public services and to any individual who performs work related to public service even if he neither has the status of a civil servant, nor is in charge of a public service.

The Committee again asks the Government to indicate whether any judicial decisions have been handed down pursuant to section 293(1) and 297 of the Penal Code and, if so, to provide a copy of them.

(ii) The Committee hopes that in its next report the Government will indicate any penalties that apply to seamen who fail to comply with section 98 of the Maritime Code of 1982 which prohibits crew members from leaving the vessel without authorization.

(b) Public service

(i) Training and the obligation to serve for a specified period

The Committee noted Ministerial Decision No. 5 of 1980 concerning the training of public service employees, particularly section 10, and the Regulations of 1980 respecting training in the public service. It again asks the Government to state whether or not the conditions for resignation change in the event of training being undertaken by a public service employee.

(ii) Non-voluntary office or service

The Committee noted that section 107 of the Penal Code defines the term "civil servant" and that, under paragraph 2, "the office or service may be a non-voluntary one". The Committee noted the information supplied by the Government on this point; it also noted Legislative Decree No. 5 of 1987 respecting reserve military forces.

It again asks the Government to specify other cases where the office or service may be non-voluntary.

(c) Prison labour

The Committee noted the texts governing prison labour supplied by the Government. It noted the Government's statement that the legislation on prisons does not allow convict labour to be hired to, or placed at the disposal of, private individuals, companies or associations. It again asks the Government to indicate the work to which a convict may be assigned by the prison warder, pursuant to the provisions of Regulation No. 19 of the Prison Regulations of 1964, and the particular type of work that may be provided for under the sentence of imprisonment. The Committee asks the Government to provide examples of such work and such sentences.