Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. In its earlier comments, the Committee pointed out the incompatibility with the Convention of certain provisions restricting the freedom of members of the armed forces to leave their employment, particularly section 71 of Act No. 40 of 1974 regarding service in the armed forces.

The Committee notes the Government’s indication in its report that section 71 of Act No. 40 of 1974 regarding service in the armed forces has been amended by Act No. 7 of 2007, and that section 1 provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee notes however that a copy of Act No. 7 of 2007 to which the Government refers has not been attached to the report. The Committee requests the Government to provide information on the conditions of resignation of military personnel, indicating the criteria applied in accepting or rejecting a resignation. The Committee once again requests the Government to supply, with its next report, a copy of the text of Act No. 7 of 2007 regarding service in the armed forces.

2. Freedom of civil servants to leave their service. Referring to its previous comments and to section 173 of the Labour Relations Law No. 12 of 2010, the Committee requested the Government to provide information on the conditions of resignation of civil servants. The Committee also referred to the draft Labour Law of 2013 which does not cover state employees. The Committee requested the Government to indicate whether a specific text regulating the status of this category of persons would be adopted. The Committee notes the absence of information on this point. The Committee therefore once again requests the Government to provide information on the conditions of resignation of civil servants, as well as state employees. It also requests the Government to provide a copy of the draft Labour Law, once adopted.

3. Freedom of domestic workers to leave their employment. In its previous comments, the Committee noted that the Labour Relations Law of 2010 includes domestic workers under Chapter III, from sections 85 to 100. Domestic workers therefore enjoy the same rights as other workers, such as social protection, employment contracts, social security, the right to join a trade union, age of admission to employment, maternity protection and other rights and benefits. The Committee noted however that the draft Labour Law of 2013 excludes domestic workers from its scope, stipulating that they are subject to a special legislation (section 2(2)). The Committee notes an absence of information on this point. The Committee once again expresses the firm hope that the draft Labour Law of 2013 will apply to domestic workers, as is the case of the Labour Relations Law of 2010, so that they enjoy the same rights as other workers.