Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government states once again in its report that, service in the Defence Forces being entered into voluntarily, the restrictions on discharge from the Forces do not amount to forced labour within the meaning of the Convention.

The Committee wishes to point out that restrictions on a worker's freedom to leave his employment are incompatible with the Convention, and that the fact that the relationship was entered into freely affords no grounds for preventing termination, subject to notice and within a reasonable period. With regard to discharge from the Defence Forces, the Committee notes the information supplied by the Government in its report concerning the conditions and financial cost applying to a person wishing to leave the service who was under the age of 18 when he enlisted. The Government states that, under paragraph 61 of the Defence Forces Regulations (DFR), a soldier who has completed less than 12 years' service is entitled, subject to certain conditions, to discharge upon payment of the appropriate sum which ranges from 40 to 5,000.

The Committee notes this information and asks the Government to specify the conditions referred to in paragraph 61 of the Defence Forces Regulations (DFR) A.10. and to provide a copy of these regulations.