Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. In its previous comments, the Committee has sought information concerning the freedom of public servants to leave their employment, particularly with regard to those public servants who have benefited from training.

The Committee notes the Government's response that public servants, like workers in the private and mixed sectors, are free to terminate employment. In the case of workers in the private and mixed sectors, the procedure is compulsory under sections 2, 73 and 77 of the Labour Code and in respect of vocational training, is governed by section 10 of the Ordinance No. 91/026/PRG/SGG of 11 March 1991. In the case of public servants, freedom to terminate is governed by sections 1, 6, 102, 103, 104, 105 and 111 of the General Public Service Statute.

The Committee notes that under the above section 103, resignation is only effective in so far as it is accepted by the authority empowered to make appointments; and that under section 105 disciplinary sanctions are provided for in this respect. The Committee refers to the explanations given in paragraphs 67 to 69 of the General Survey of 1979 on the abolition of forced labour, and requests the Government to provide information in respect of the application of sections 103 and 105 of the General Public Service Statute, in particular with regard to the criteria applied by the competent authorities in accepting or refusing an application to resign, and the types of disciplinary sanctions provided for.

2. The Committee once again requests the Government to indicate whether the new Public Service Statute, which it referred to in previous reports, has been adopted and, if so, to provide a copy of the text.