Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2(c), of the Convention. Prison labour in prisons operated under concession. In its previous direct request, the Committee requested the Government to provide information on the work programme in prisons already operating under concession, particularly on the criteria which make it possible to consider that the work of prisoners in such prisons may be compatible with the explicit provision of the Convention that work exacted from any person as a consequence of a conviction in a court of law is not defined as forced labour provided that the work is carried out under the supervision and control of a public authority and that the person is not hired to or placed at the disposal of private individuals, companies or associations.

Free consent

As regards the matter of free consent, the Committee previously requested the Government to indicate how it is ensured in both law and practice that prisoners give their consent freely for work that they perform in prisons operated under concession and whether any refusal to work is taken into account in assessing the prisoner’s conduct.

The Committee notes that, under section 32 of the Penal Code, persons sentenced to the penalty of “presidio” shall be required to carry out work, while those sentenced to a penalty of “reclusión” or “prisión” shall not be required to perform work of any kind. It also notes that, under Act No. 19856 of 2003 on the system of social reintegration, a sentence may be reduced based on proven outstanding conduct during that sentence and that work is one of the mandatory criteria used to assess a prisoner’s conduct (section 7(b) of Act No. 19856 of 2003). The Committee also notes the Government’s indications concerning the assessment of the work performance of prisoners carried out by the operator. The Committee notes that the possibility of reducing a sentence, as provided for under the above Act, is dependent on consent to work.

The Committee requests the Government to indicate the authority responsible for assessing prisoners’ conduct for the purpose of reducing their sentences and the measures taken or envisaged to ensure that a refusal to work for a private enterprise does not constitute a threat of the loss of the advantage provided for under the above Act on the reduction of prison sentences.

Conditions approximating those of a free employment relationship

With regard to working conditions approximating those of a free employment relationship, the Committee notes with interest that, according to the Manual for linking private enterprise to the prison labour programme, the remuneration of prisoners working for private enterprises established on prison complexes is subject to the labour legislation in force. Their conditions of occupational safety and health and of social security are also subject to the labour legislation.

The Committee requests the Government to indicate whether the labour legislation is also applied to the remuneration and other working conditions in prisons operated under concession.

Representation submitted under article 24 of the ILO Constitution

The Committee notes that at its 303rd Session (November 2008), the Governing Body adopted the report of the tripartite committee set up to examine the representation submitted by the Colegio De Abogados de Chile alleging non‑observance by the Government of Chile of Convention No. 29. The Committee requested the Government to provide information on the measures taken to give effect to its recommendations in its reports on the application of the Convention, namely:

–           to review the functioning of the duty lawyer roster system in order to ensure that the system does not prejudice the free exercise of the profession of lawyer; and

–           to take the necessary measures to ensure that such a review takes into account the volume of work imposed, the frequency of assignments, the financial losses incurred and the excessive nature of the sanction that is currently envisaged.

The Committee requests the Government to provide information on the effect given to these recommendations.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2(2)(c) of the Convention. Prison labour in prisons operated under concession. In its previous direct request, the Committee noted that the provisions of the regulations on prisons (Judicial Decree No. 518/98) state that prisoners shall have the right to perform individual work which brings them some type of economic benefit (section 61) and that work activities undertaken by prisoners in the context of agreements implemented by third parties shall be governed by the common labour legislation and, irrespective of the applicable norms, the respective agreements shall provide that the remuneration paid to prisoners by contracting enterprises or third parties may not be lower than the minimum wage determined annually by the competent authority for workers who are not detained; and that the insurance contributions shall also be made to the institution or institutions of the corresponding insurance scheme (section 64).

The Committee notes that in the context of the concession programme relating to prison infrastructure, prisons operated under concession (prisiones concesionadas) have been set up. The implementation of the labour subprogramme, which is the responsibility of the operator, must promote and manage the integration of prisoners in formal paid work inside the prison, whether in the form of tasks that are necessary for the working of the prison or jobs with productive enterprises installed on the premises of the operator or of third parties subcontracted by him.

The Committee recalls, with regard to the situation of prisoners who work in privatized prisons or for private enterprises, that it is only when the necessary safeguards exist to ensure that prisoners offer themselves voluntarily without being subjected to pressure or threats that such work falls outside the scope of the Convention. The Committee has therefore considered that in situations of captivity it is necessary to obtain the formal written consent of the prisoner. The Committee also recalls that conditions approximating to a free labour relationship are the most reliable indicator of the voluntariness of labour.

The Committee would be grateful if the Government would supply information on the work programme in prisons already operating under concession and especially on the criteria which make it possible to consider that the work of prisoners in such prisons may be compatible with the explicit provision of the Convention that work exacted from any person as a consequence of a conviction in a court of law is not defined as forced labour provided that the work is carried out under the supervision and control of a public authority and that the person is not hired or placed at the disposal of private individuals, companies or associations.

As regards the question of consent, the Committee requests the Government to indicate how it is ensured in law and in practice that prisoners give their consent freely for work that they perform in prisons operated under concession and whether any refusal to work is taken into account in assessing the prisoner’s conduct.

As regards conditions approximating to a free labour relationship, the Committee requests the Government to provide information on conditions of work, especially with regard to remuneration received by prisoners who are currently working in prisons operated under concession, and also on conditions of occupational safety and health and of social security.

The Committee also requests the Government to send any information which evaluates the working of prisons operated under concession.

Representation made pursuant to article 24 of the ILO Constitution. The Committee notes that the Governing Body, at its 299th Session (June 2007), declared as admissible the representation submitted by the Chilean Lawyers’ Association alleging non-observance of the Forced Labour Convention, 1930 (No. 29), by the Government of Chile. The representation will be examined in the near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

In its previous comments, the Committee has referred to sections 43 and 44 of Decree No. 150 of 1981, which provide for the loss of entitlement to unemployment benefit if the unemployed person refuses to perform types of work assigned by the municipal authorities, even where the unemployed person has paid contributions for the 52 weeks which give entitlement to the benefit.

In its reports, the Government has continued to indicate that these provisions have never been applied. In its latest report, it refers to the information provided by the Sub-Secretariat for Regional and Administrative Development of the Ministry of the Interior according to which "the requirement to perform assistance work assigned by the respective municipal authority, in practice and according to information gathered by the Sub-Secretariat, has not been given effect by municipal authorities".

The Committee notes the information contained in the Government’s report that the Superintendent of Social Security has issued a favourable opinion for the amendment of Decree No. 150 of 1981 in the following terms: "in accordance with the objectives and principles of the social security system, unemployment benefit must not be conditional on the beneficiary placing her or his labour capacity at the disposal of the mayor, with the sole requirements set forth concerning the cause of unemployment and the period of insurance coverage and contributions".

The Committee hopes that the Government will take the necessary measures to amend Decree No. 150 so as to ensure that the positive law corresponds to the practice which, according to the Government, already exists.

The Committee notes the adoption of Act No. 19.728 establishing an unemployment insurance scheme which will operate in parallel with the current single system of unemployment benefits governed by Legislative Decree No. 150 of 1981, which will continue to operate for workers engaged prior to 1 October 2002 who do not opt for coverage by the new insurance scheme.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the detailed information provided by the Government in reply to its general observation on the hiring of prison labour by private enterprises.

The Committee notes with interest the provisions of the Regulations respecting penitentiaries, Judicial Decree No. 518/98, which provide that detainees shall have the right to perform work individually or in groups, which brings them some type of economic benefit to cover the costs of their family and create an individual savings fund for their release (section 61) and that work activities undertaken by detainees may consist of work for their own account or subordinate work in the context of productive or training activities which are carried out within penitentiaries in the context of projects agreed upon by third parties with the Prison Administration (section 63).

The Committee also notes with interest the provisions of section 64, according to which the work activities carried out by detainees in the context of agreements implemented by third parties shall be governed by the common labour legislation and, in any event, irrespective of the applicable norms, it shall be provided in the respective concluded agreements, that the remuneration paid to detainees by enterprises or third parties covered by the contract may not be lower than the minimum wage determined annually by the competent authority for workers who are not detained; and that the insurance contributions shall also be made to the institution or institutions of the corresponding insurance scheme.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention.  1.  The Committee referred to sections 43 and 44 of Decree No. 150 of 1981, which contained certain specific conditions with respect to entitlement to unemployment benefit. Section 43 provided that benefit would not be paid if the unemployed person refused to perform certain types of work. The Committee notes that the Government reiterates in its report that this requirement has not been imposed in practice. The Committee also notes the statement that the amendment of the Decree is under examination in the framework of measures for the approval of Convention No. 105, that a Bill has been formulated and that it is the subject of consultations with the various authorities. The Committee notes the Government’s statement that information will be supplied on the decisions taken by the authorities in this respect.

2.  The Committee commented previously on provisions relating to the termination of service of members of the armed forces. It notes that the Organic Act respecting the armed forces, No. 18.948 of 1990, recognizes resignation in section 58 and that the new conditions of service of members of the armed forces, approved by Legislative Decree No. 1 of 27 August 1997 establishes, in section 249, the conditions under which a resignation may be deferred. The Committee requests the Government to provide information on the provisions applicable to resignation contained in the supplementary regulations and to provide a copy of them.

The Committee requests the Government to provide information on the current situation with regard to the requirement of several years’ service in respect of study courses abroad and certain further training courses.

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

The Committee notes the Government's reports.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. The Committee referred to sections 43 and 44 of Decree No. 150 of 1981, which contained certain specific conditions with respect to entitlement to unemployment benefit. Section 43 provided that benefit would not be paid if the unemployed person refused to perform certain types of work. The Committee notes that the Government reiterates in its report that this requirement has not been imposed in practice. The Committee also notes the statement that the amendment of the Decree is under examination in the framework of measures for the approval of Convention No. 105, that a Bill has been formulated and that it is the subject of consultations with the various authorities. The Committee notes the Government's statement that information will be supplied on the decisions taken by the authorities in this respect.

2. The Committee commented previously on provisions relating to the termination of service of members of the armed forces. It notes that the Organic Act respecting the armed forces, No. 18.948 of 1990, recognizes resignation in section 58 and that the new conditions of service of members of the armed forces, approved by Legislative Decree No. 1 of 27 August 1997 establishes, in section 249, the conditions under which a resignation may be deferred. The Committee requests the Government to provide information on the provisions applicable to resignation contained in the supplementary regulations and to provide a copy of them.

The Committee requests the Government to provide information on the current situation with regard to the requirement of several years' service in respect of study courses abroad and certain further training courses.

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

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. The Committee previously commented on certain provisions of the Penal Code relating to forced or compulsory labour in the event of vagrancy (sections 305 and 306). It notes with satisfaction that Act No. 19.567 of 22 June 1998 repeals paragraph 13 on vagrancy and mendacity, of Title VI, Book II, of the Penal Code, as well as sections 305 to 312 of the same Title.

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

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. For a number of years the Committee has been referring to the conditions imposed by Legislative Decree No. 150 of 1981, under which (section 44(d)) the right to unemployment benefit is lost if the unemployed person refuses to carry out the relief work for the community provided for by section 43 of the Decree. The right to the benefit is subject to the payment of contributions for 52 weeks or 12 months over the two years prior to the date of the termination of employment.

On several occasions, the Committee has observed that the loss of the right to benefit under these conditions is equivalent to a penalty within the meaning of the Convention and it requested the Government to take the necessary measures to ensure compliance with the Convention in this respect. In its last report, the Government stated that workers who have lost their job for reasons outside their control are entitled to the benefit without having to comply with the requirements of sections 43 and 44 of the above Decree and that these provisions have never been applied. In its previous report, the Government stated that it would consider the desirability of an explicit waiver to the above provisions, which were not given effect in practice.

The Committee has noted that in the general report supplied in December 1994, with regard to the application of the Unemployment Convention, 1919 (No. 2), the Government stated that unemployment benefit is provided in accordance with the provisions of Legislative Decree No. 150 of 1981.

The Committee considers it necessary to emphasize the advantage in terms of clarifying the legal situation of repealing sections 43 and 44 of Decree No. 150 which, according to the Government, continues to be applied.

The Committee hopes that the Government will be able to indicate in its next report that the above provisions have been repealed, thereby ensuring compliance with the Convention on this point.

2. In its previous comments, the Committee referred to the provisions relating to termination of the professional career of members of the armed forces laid down in Legislative Decree No. 1 of 1968 and in the Organic Act respecting the armed forces. In its previous direct request, the Committee requested the Government to supply information on the conditions under which resignations tendered by members of the armed forces must be accepted (section 58 of the Organic Act respecting the armed forces).

The Committee has noted that Decree No. 204, issuing supplementary regulations under Legislative Decree No. 1, provides in section 553 that staff may be retained for up to five years from their return to the national territory, completion of a course or the period during which an individual is needed for a specific function in the case of members of the armed forces who have studied abroad for more than nine months, followed specialization courses in the country of at least one year's duration or acquired qualifications as a polytechnic military engineering or in a specialization related to the navy or the air force. Once this period has elapsed, the corresponding authority has to accept the resignation.

The Committee has noted the lack of proportionality between the duration of the training and the period for which members of the armed forces can be retained, and requested the Government to indicate whether the above regulations provide for the possibility of the proportional reimbursement of the training received as a means of terminating the service relationship.

3. In previous comments, the Committee referred to sections 305 and 306 of the Penal Code, under which "all persons who have no fixed address or means of subsistence, who do not habitually practice any lawful profession, job or occupation and who have the capacity to work are vagrants" (section 305). Under section 306, vagrants are liable to minimum sentences of ordinary imprisonment and are placed under the supervision of the authorities.

The Committee has noted with interest that Title I and sections 61, 64, 65 and 67 of Act No. 11625 on anti-social situations and security measures have been repealed by Act No. 19313 of July 1994 and it requests the Government to inform it of the measures which have been taken or are envisaged to repeal or amend sections 305 and 306 of the Penal Code so as to ensure that the only persons who are liable to a penalty are those who, in addition to refusing to exercise a profession or job, commit acts which disturb the law and order.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. For a number of years the Committee has been referring to the conditions imposed by Legislative Decree No. 150 of 1981, under which (section 44(d)) the right to unemployment benefit is lost if the unemployed person refuses to carry out the relief work for the community provided for by section 43 of the Decree. The right to the benefit is subject to the payment of contributions for 52 weeks or 12 months over the two years prior to the date of the termination of employment.

On several occasions, the Committee has observed that the loss of the right to benefit under these conditions is equivalent to a penalty within the meaning of the Convention and it requested the Government to take the necessary measures to ensure compliance with the Convention in this respect. In its last report, the Government stated that workers who have lost their job for reasons outside their control are entitled to the benefit without having to comply with the requirements of sections 43 and 44 of the above Decree and that these provisions have never been applied. In its previous report, the Government stated that it would consider the desirability of an explicit waiver to the above provisions, which were not given effect in practice.

The Committee notes that in the general report supplied in December 1994, with regard to the application of the Unemployment Convention, 1919 (No. 2), the Government stated that unemployment benefit is provided in accordance with the provisions of Legislative Decree No. 150 of 1981.

The Committee considers it necessary to emphasize the advantage in terms of clarifying the legal situation of repealing sections 43 and 44 of Decree No. 150 which, according to the Government, continues to be applied.

The Committee hopes that the Government will be able to indicate in its next report that the above provisions have been repealed, thereby ensuring compliance with the Convention on this point.

2. In its previous comments, the Committee referred to the provisions relating to termination of the professional career of members of the armed forces laid down in Legislative Decree No. 1 of 1968 and in the Organic Act respecting the armed forces. In its previous direct request, the Committee requested the Government to supply information on the conditions under which resignations tendered by members of the armed forces must be accepted (section 58 of the Organic Act respecting the armed forces).

The Committee notes that Decree No. 204, issuing supplementary regulations under Legislative Decree No. 1, provides in section 553 that staff may be retained for up to five years from their return to the national territory, completion of a course or the period during which an individual is needed for a specific function in the case of members of the armed forces who have studied abroad for more than nine months, followed specialization courses in the country of at least one year's duration or acquired qualifications as a polytechnic military engineering or in a specialization related to the navy or the air force. Once this period has elapsed, the corresponding authority has to accept the resignation.

The Committee notes the lack of proportionality between the duration of the training and the period for which members of the armed forces can be retained, and requests the Government to indicate whether the above regulations provide for the possibility of the proportional reimbursement of the training received as a means of terminating the service relationship.

3. In previous comments, the Committee has referred to sections 305 and 306 of the Penal Code, under which "all persons who have no fixed address or means of subsistence, who do not habitually practice any lawful profession, job or occupation and who have the capacity to work are vagrants" (section 305). Under section 306, vagrants are liable to minimum sentences of ordinary imprisonment and are placed under the supervision of the authorities.

The Committee notes with interest that Title I and section 61, 64, 65 and 67 of Act No. 11625 on anti-social situations and security measures have been repealed by Act No. 19313 of July 1994 and it requests the Government to inform it of the measures which have been taken or are envisaged to repeal or amend sections 305 and 306 of the Penal Code so as to ensure that the only persons who are liable to a penalty are those who, in addition to refusing to exercise a profession or job, commit acts which disturb the law and order.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In previous comments, the Committee has referred to the conditions imposed by Legislative Decree No. 150 of 17 August 1981 governing entitlement to unemployment benefit (sections 43, 44(d), 46, 62 and 63(e)).

Under the above Legislative Decree the right to this benefit for workers who have lost their employment for reasons beyond their own control is made conditional both on the payment of contributions for 52 weeks or 12 months during the two years preceding the date of loss of employment (section 43(b)) and on the inscription of the unemployed persons in the register of unemployed persons that must be kept by every insurance institution (section 43(c)) and also in the register of unemployed persons that must be kept by every municipality with a view to their assignment to relief works for the community (section 43(d)). Under section 44(d) the right to unemployment benefit is lost if the unemployed person refuses to carry out the relief work for the community provided for by section 43(d).

The Committee observed that the loss of the right to benefit as a result of the unemployed person's refusal to carry out the relief work assigned by the municipality was equivalent to a penalty within the meaning of the Convention; it asked the Government to revise the legislation in question in the light of the Convention, and to take the necessary measures to ensure compliance with the Convention in that respect.

The Committee noted that in its report the Government stated that it would consider the desirability of an express waiver of Legislative Decree No. 150 of 1981. It further explained that the rule in question was still in force but was not applied in practice.

The Committee asks the Government to take the necessary measures to bring the national law into formal conformity with the Convention through an express waiver of Legislative Decree No. 150 of 17 August 1981 so that positive law may reflect what the Government describes as existing practice.

2. In its previous direct request the Committee referred to the provisions relating to termination of the professional career of members of the armed forces laid down in Legislative Decree No. 1 of 1968 entitled "Conditions of Service of Members of the Armed Forces".

The Committee notes (having regard to the amendments introduced by Act No. 18948 of 22 February 1990) that the provisions concerning termination of the professional career (sections 52 to 60 of Act No. 18948) include the procedures of temporary or permanent retirement and resignation. The conditions for permanent retirement are, in addition to sickness and disciplinary measures, a voluntary petition lodged after the completion of 30 years of service qualifying for retirement. Resignation (section 58) gives rise, when accepted, to temporary retirement on pension.

The Committee takes note of the Government's statement in its report that personnel entering the armed forces voluntarily accept the regulations stated above and that consequently their resignation, like resignation under civil law (Act No. 18834), must be accepted beforehand by the authority (Act No. 18948) and that, for that to happen, all the conditions qualifying the person concerned for retirement must be met.

The Committee draws the Government's attention to the fact that provisions which have the effect of converting a contractual relationship based on agreement between the parties into a service imposed by law are incompatible with the Convention and that, with a view to ensuring compliance with the Convention, it is necessary to secure to the personnel of the armed forces freedom to resign from their employment on their own initiative within a reasonable period, either at specified intervals or by giving notice.

The Committee requests the Government to inform it of the conditions qualifying an applicant for the acceptance of his resignation and of the time-limits set for the authority responsible for taking the decision concerning such resignation.

3. In previous comments the Committee referred to sections 305 and 306 of the Penal Code under of which "all persons who have no fixed address or means of subsistence, who do not habitually practise any lawful profession, job or occupation and who have the capacity to work are vagrants" (section 305). Under section 306, vagrants are liable to sentences of ordinary imprisonment in its mildest form and are placed under the supervision of the authorities.

The Committee takes note of the information given by the Government in its report to the effect that the offence of vagrancy needs to be maintained in order to assist in bringing crime under better control and as an aid in preventing many offences.

The Committee would refer to paragraphs 45 to 48 of its General Survey of 1979 on the Abolition of Forced Labour, in which it stated that provisions on vagrancy that defined it so extensively as to become a means of direct or indirect compulsion to work should be amended so that only persons who, in addition to habitually refusing to work and being without means of subsistence, disturbed law and order, were liable to a penalty.

The Committee asks the Government to examine sections 305 and 306 of the Penal Code and to supply information concerning the measures taken or contemplated to ensure compliance with the Convention on this point.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In earlier comments, the Committee has referred to the conditions laid down by Legislative Decree No. 150 of 17 August 1981 governing entitlement to unemployment benefit (sections 43, 44(d), 46, 62 and 63(e)).

Under the above Legislative Decree the right to this benefit for workers who have lost their employment for reasons beyond their own control is made conditional both on the payment of contributions for 52 weeks or 12 months during the two years preceeding the date of loss of employment (section 43(b)), and on the inscription of the unemployed persons on the register of unemployed that must be kept by every insurance institution (section 43(c)) and also on the register of unemployed persons that must be kept by every municipality with a view to their assignment to relief works for the community (section 43(d)). Under section 44(d) the right to unemployment benefit is lost if the unemployed person refuses to carry out the relief work for the community provided for by section 43(d).

In its report, the Government states that community assistance work is assigned to those on the register of the unemployed provided that they accept the work voluntarily.

The Committee notes, nevertheless, that the current wording of sections 43(d) and 44(d) does not set out the voluntary nature of acceptance and, furthermore, refusal to perform such work results in loss of entitlement to the benefit, which is equivalent to a penalty in the sense of the Convention (paragraph 21 of the 1979 General Survey on the Abolition of Forced Labour).

The Committee requests the Government to take the necessary measures to establish in legislation the voluntary nature of the work set out in sections 43(d) and 44(d) of Legislative Decree No. 150 of 1981 by specifying that refusal to perform assistance work will not result in the loss of entitlement to the benefit and it requests it to supply information on the progress achieved to this effect.

2. Freedom of workers in the service of the State to leave their employment. In previous comments, the Committee requested the Government to provide information on the provisions governing the situation of public servants not covered by the Administrative Law (Legislative Decree No. 338 of 1960), including career members of the armed forces.

The Committee notes the adoption of the new Administrative Law (Act No. 18834 of 15 September 1989) which repeals the previous Administrative Law (Legislative Decree 338 of 1960).

The Committee notes that by virtue of section 1 of the Administrative Law that is in practice, the exceptions laid down in section 18(2) of Act No. 18575 are excluded from its scope: these include the Audit Office of the Republic, the Central Bank, the armed forces, the forces of order and public safety, municipalities and public enterprises set up by law, which will be governed by their respective legislation.

The Committee noted the amended, co-ordinated and systemised text of Legislative Decree No. 1 of 1968, the "Conditions of Service of Members of the Armed Forces", issued by Supreme Decree No. 148 of the Ministry of National Defence on 1 December 1986, and in particular sections 166 and 167, which lay down the conditions for the retirement of officers and civilian employees.

The Committee observed that the only possibility of voluntary termination of service envisaged in the Conditions of Service is the possibility for officers other than superior officers and for members of the ranks and seafarers to leave voluntarily after a period of service of 30 years which count for retirement (sections 166(b) and 169(g)).

The Committee also referred to section 174 of the Conditions of Service, under which renunciation of employment is to be considered as temporary retirement without pension (persons who have retired temporarily can be called back to serve if the authority considers this necessary, section 156). Furthermore, acceptance of retirement, when granted, only comes into effect from the date on which the order or decision accepting retirement is issued, unless, at the request of the person concerned, the authority indicates that it has been determined otherwise (section 174(2)).

The Committee also noted that the Supplementary Regulations establish the reasons for which resignation may be rejected and the maximum period for which such a situation may be maintained (section 174(3)).

The Committee notes the Government's indications that the retirement of military personnel can be deferred on grounds of acquired personal privileges, security and good service. The Government adds that persons entering the armed forces voluntarily accept the regulations that make it possible to defer retirement.

The Committee wishes to refer to paragraph 72 of the 1979 General Survey on the Abolition of Forced Labour, in which it points out that the provisions relating to compulsory military service do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals or through previous notice.

The Committee requests the Government to examine the provisions of the Conditions of Service of Members of the Armed Forces relating to termination of their career in the light of the Convention, to ensure that workers in the service of the State are free to leave their employment at their own initiative, and it requests it to indicate in its next report the measures that have been taken or are envisaged to this effect.

The Committee requests the Government to supply a copy of the Supplementary Regulations referred to in section 174(3) of the Conditions of Service.

3. In its previous direct request, the Committee referred to section 1(1) of Act No. 11625 of 1954 respecting anti-social situations and security measures.

The Committee notes, from the Government's indications in its report, that the coming into force of the above provision was subject to the adoption of a Decree (section 67) which was not issued, and that the provision therefore never came into force.

The Committee notes that by virtue of section 67 above, the coming into force of section 61 of the Act to repeal sections 305 and 306 of the Penal Code respecting vagrants and beggars is also subject to the adoption of a decree and that these sections therefore remain in force.

The Committee refers to section 305 of the Penal Code by virtue of which "all persons who have no fixed address, no means of subsistence and who habitually exercise no legal profession, job or occupation and who have the capacity to work, are vagrants".

By virtue of section 306, vagrants are punishable by minimum sentences of minor detention and are subject to supervision by the authorities.

The Committee requests the Government to examine sections 305 and 306 of the Penal Code in the light of the Convention with a view to ensuring that only persons who disturb the public order by acts other than habitual abstention from work are liable to penalties.

4. The Committee notes the information supplied by the Government concerning the Military Labour Corps.