Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Freedom to leave the service. In its previous comments, the Committee noted 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 this provision also applies to persons in charge of public services even if they do not have the status of a civil servant. The Committee requested the Government to indicate whether any court decisions had been handed down pursuant to that provision. Noting the information sent by the Government in its report to the effect that no decisions have been handed down pursuant to section 297 of the Penal Code, the Committee hopes that the Government will take the necessary measures to bring legislation into conformity with existing practice by amending or repealing section 297 of the Penal Code.

2. The Committee notes the information supplied by the Government on penalties applicable to seafarers, the obligation to serve for a specified period in the civil service and on non-voluntary office or service and prison labour.