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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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)

Communication of repealing texts. The Committee previously noted the Government’s statement in its report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 (concerning the exaction of labour for road works) had been repealed. The Committee expresses the firm hope that the Government will not fail to provide, with its next report, copies of the texts which have repealed the abovementioned Decrees Nos 747, 1669 and 1781.

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. Trafficking in human beings. The Committee has noted the National Strategy on Combating Trafficking in Human Beings (Strategic Framework and National Action Plan for 2005–07), as well as the Cooperation Agreement to establish a National Referral Mechanism for the enhanced identification of and assistance to victims of human trafficking (2005), annexed to the Government’s report. The Committee has noted the Government’s indication that the National Strategy was under review and will be extended until 2012. The Committee would appreciate it if the Government would provide, in its next report, a copy of the revised National Strategy and the new National Action Plan, as well as information on the practical measures undertaken to prevent, suppress and punish trafficking in human beings, supplying copies of the relevant reports and available statistics. Please also provide information on any legal proceedings which have been instituted under the Penal Code provisions punishing the offences related to trafficking, indicating the penalties imposed on perpetrators.

Articles 1 (paragraph 1), and 2 (paragraph 1). 1. Freedom of career military personnel to leave their service. The Committee previously noted that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, members of career military personnel may apply for resignation to a competent body; if no reply is given within three months, the application to resign is considered accepted. The Committee observed that it follows from the wording of the above sections that the application to resign may be either accepted or refused. It also noted that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

The Committee recalls, referring also to the explanations provided in paragraphs 46 and 96 of its 2007 General Survey on the eradication of forced labour, that career members who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore hopes that measures will be taken to amend the above provisions in order to ensure that career military officers and other career military personnel will enjoy the right to resign their commission in time of peace by giving notice of reasonable length. Pending the adoption of such measures, the Committee again requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

2. Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee noted the Council of Ministers’ Decisions Nos 405 of 1998 and 758 of 2003 concerning the organization of such works, supplied by the Government with its report. While noting this information, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to the length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

Article 2, paragraph 2, subparagraph (c). Work of prisoners for private enterprises. The Committee previously noted that prisoners may work outside penitentiary institutions, in accordance with section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, and section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Committee noted that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour due to health reasons. The Committee also noted that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation.

The Government indicates in its latest report that Act No. 8328 and the General Prison Rules referred to above are in the process of being revised with a view to providing that labour of prisoners is not compulsory. It also indicates that a new legislation on employment of inmates is under preparation.

The Committee requests the Government to keep the ILO informed about the progress made in the amendment of the legislation and hopes that the new legislation concerning prison labour will contain provisions ensuring that the work of prisoners for private enterprises can be performed only with their voluntary consent and in the conditions approximating a free labour relationship, as regards wage levels (leaving room for deductions and attachments), social security and occupational safety and health. The Committee refers in this connection to the explanations provided in paragraphs 59–60 and 114–120 of its 2007 General Survey on the eradication of forced labour. Pending the adoption of the new legislation, please continue to provide information on the conditions in which prison labour is carried out for private enterprises, indicating, in particular, whether the work of prisoners for such enterprises is subject to their formal consent. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provision of section 110 of the Penal Code punishing the illegal deprivation of liberty with sentences of imprisonment. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of illegal exaction of forced or compulsory labour and to supply copies of the relevant court decisions. Please also indicate other measures taken or envisaged to give effect to this Article of the Convention, which provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate and are strictly enforced”.

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

The Committee notes with regret 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:

1. Trafficking in human beings. The Committee has noted the adoption of the amendments to the Penal Code provisions concerning trafficking in human beings (Law No. 9188 of 12 December 2004). Referring to its 2000 general observation on the subject, the Committee would appreciate it if the Government would provide, in its future reports, information on the application of these provisions in practice, as well as information on any other measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of relevant documents, such as, e.g. a national action plan.

2. Supply of repealing texts. The Committee previously noted the Government’s statement in its 2001 report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747, of 30 December 1949, concerning the exaction of labour for roadworks, had been repealed. The Committee again requests the Government to provide, with its next report, a copy of the repealing text.

3. Freedom of career military personnel to leave their service. In its earlier comments, the Committee requested the Government to indicate provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request. The Committee notes that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, supplied by the Government with its report, members of career military personnel may apply for resignation to a competent body; if no reply is given by that body within three months, the application to resign is considered as accepted. The Committee observes that it follows from the wording of the above sections that the person seeking to resign must continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation, since the application to resign may be refused. It also notes that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

The Committee wishes to point out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

4. The Committee previously noted that, under section 28 of the Law on the Armed Forces (No. 7978 of 1995), the term of service of career military officers is fixed by a special law. The Committee again requests the Government to supply a copy of such special law with its next report.

5. Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee has noted the Council of Ministers’ Decisions Nos 405 of 1998 and 758 of 2003 concerning the organization of such work, supplied by the Government with its report. However, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

6. Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted the Government’s indication in the report that prisoners are allowed to work both inside or outside penitentiary institutions. It notes that a possibility to work outside penitentiary institutions is provided for in section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, as well as in section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Government indicates in its report that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. The Committee also notes that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation. While having noted this information, the Committee requests the Government to indicate, in its next report, how voluntary consent of the prisoners to work for private employers is guaranteed. Please indicate, in particular, whether the work of prisoners for private employers is subject to a labour contract similar to that concluded between a prisoner and a re-educational institution, of which a sample copy was supplied by the Government with its 2001 report, and if so, please provide sample copies of such contracts. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

7. Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee noted the Government’s indications in its 2001 report that, during the reporting period, ten sentences of imprisonment had been passed under this section. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

1. Trafficking in human beings. The Committee has noted with interest the adoption of the amendments to the Penal Code provisions concerning trafficking in human beings (Law No. 9188 of 12 December 2004). Referring to its 2000 general observation on the subject, the Committee would appreciate it if the Government would provide, in its future reports, information on the application of these provisions in practice, as well as information on any other measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of relevant documents, such as, e.g. a national action plan.

2. Supply of repealing texts. The Committee previously noted the Government’s statement in its 2001 report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747, of 30 December 1949, concerning the exaction of labour for roadworks, had been repealed. The Committee again requests the Government to provide, with its next report, a copy of the repealing text.

3. Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its earlier comments, the Committee requested the Government to indicate provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request. The Committee notes that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, supplied by the Government with its report, members of career military personnel may apply for resignation to a competent body; if no reply is given by that body within three months, the application to resign is considered as accepted. The Committee observes that it follows from the wording of the above sections that the person seeking to resign must continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation, since the application to resign may be refused. It also notes that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

Referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, the Committee wishes to point out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

4. The Committee previously noted that, under section 28 of the Law on the Armed Forces (No. 7978 of 1995), the term of service of career military officers is fixed by a special law. The Committee again requests the Government to supply a copy of such special law with its next report.

5. Articles 1(1) and 2(1). Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee has noted the Council of Ministers’ Decisions Nos. 405 of 1998 and 758 of 2003 concerning the organization of such work, supplied by the Government with its report. However, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

6. Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted the Government’s indication in the report that prisoners are allowed to work both inside or outside penitentiary institutions. It notes that a possibility to work outside penitentiary institutions is provided for in section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, as well as in section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Government indicates in its report that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. The Committee also notes that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation. While having noted this information, the Committee requests the Government to indicate, in its next report, how voluntary consent of the prisoners to work for private employers is guaranteed. Please indicate, in particular, whether the work of prisoners for private employers is subject to a labour contract similar to that concluded between a prisoner and a re-educational institution, of which a sample copy was supplied by the Government with its 2001 report, and if so, please provide sample copies of such contracts. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

7. Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee noted the Government’s indications in its 2001 report that, during the reporting period, ten sentences of imprisonment had been passed under this section. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the Government’s reply to its earlier comments.

1. Trafficking in human beings. The Committee has noted with interest the adoption of the amendments to the Penal Code provisions concerning trafficking in human beings (Law No. 9188 of 12 December 2004). Referring to its 2000 general observation on the subject, the Committee would appreciate it if the Government would provide, in its future reports, information on the application of these provisions in practice, as well as information on any other measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of relevant documents, such as, e.g. a national action plan.

2. Supply of repealing texts. The Committee previously noted the Government’s statement in its 2001 report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747, of 30 December 1949, concerning the exaction of labour for roadworks, had been repealed. The Committee again requests the Government to provide, with its next report, a copy of the repealing text.

3. Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its earlier comments, the Committee requested the Government to indicate provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request. The Committee notes that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, supplied by the Government with its report, members of career military personnel may apply for resignation to a competent body; if no reply is given by that body within three months, the application to resign is considered as accepted. The Committee observes that it follows from the wording of the above sections that the person seeking to resign must continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation, since the application to resign may be refused. It also notes that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

Referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, the Committee wishes to point out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

4. The Committee previously noted that, under section 28 of the Law on the Armed Forces (No. 7978 of 1995), the term of service of career military officers is fixed by a special law. The Committee again requests the Government to supply a copy of such special law with its next report.

5. Articles 1(1) and 2(1). Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee has noted the Council of Ministers’ Decisions Nos. 405 of 1998 and 758 of 2003 concerning the organization of such work, supplied by the Government with its report. However, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

6. Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted the Government’s indication in the report that prisoners are allowed to work both inside or outside penitentiary institutions. It notes that a possibility to work outside penitentiary institutions is provided for in section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, as well as in section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Government indicates in its report that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. The Committee also notes that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation. While having noted this information, the Committee requests the Government to indicate, in its next report, how voluntary consent of the prisoners to work for private employers is guaranteed. Please indicate, in particular, whether the work of prisoners for private employers is subject to a labour contract similar to that concluded between a prisoner and a re-educational institution, of which a sample copy was supplied by the Government with its 2001 report, and if so, please provide sample copies of such contracts. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

7. Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee noted the Government’s indications in its 2001 report that, during the reporting period, ten sentences of imprisonment had been passed under this section. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

The Committee has noted the information supplied by the Government in reply to its earlier comments. It has noted with interest the Government’s statement in the report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 concerning the exaction of labour for roadworks have been repealed. The Committee requests the Government to provide, with its next report, a copy of the repealing text.

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the Law on the Armed Forces, No. 7978 of 1995, as well as information on the application in practice of section 4 of this Law supplied by the Government. It has also noted that, under section 28 of the above Law, the term of service of career military officers is fixed by a special law. The Committee requests the Government to supply a copy of such special law and to indicate any provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(1) and (2)(e). In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on Public Works. It noted that such works are of temporary nature and intended for persons receiving financial assistance in the form of benefits from the State, which may be suspended in case of refusal to work. The Committee has noted that, under Act No. 8104 of 28 March 1996, which introduced amendments to the abovementioned Act on Public Works, participation in such works is made compulsory for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits. The Committee requests the Government to provide, in its next report, information on such schemes, supplying copies of relevant texts, as well as information on the application in practice of the above Acts on Public Works, supplying also a copy of the decision of the Council of Ministers defining the methods of organizing such works, to which reference is made in section 5 of Act No. 7933 of 17 May 1995.

Article 2(2)(c). The Committee has noted the information concerning prison labour provided by the Government in its report. The Government indicates that prisoners cannot be forced to work and no disciplinary measures can be applied to them in case of refusal, but they are allowed to work both inside or outside penitentiary institutions. The Committee requests the Government to supply, with its next report, a copy of Act No. 8238, of 16 April 1998, concerning the rights and treatment of prisoners, which contains provisions governing prison labour, referred to by the Government.

Article 25. The Committee previously noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Government indicates in its report that, during the reporting period, ten sentences of imprisonment have been passed under this section. The Committee requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the information supplied by the Government in reply to its earlier comments. It has noted with interest the Government’s statement in the report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 concerning the exaction of labour for roadworks have been repealed. The Committee requests the Government to provide, with its next report, a copy of the repealing text.

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the Law on the Armed Forces, No. 7978 of 1995, as well as information on the application in practice of section 4 of this Law supplied by the Government. It has also noted that, under section 28 of the above Law, the term of service of career military officers is fixed by a special law. The Committee requests the Government to supply a copy of such special law and to indicate any provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(1) and 2(e). In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on Public Works. It noted that such works are of temporary nature and intended for persons receiving financial assistance in the form of benefits from the State, which may be suspended in case of refusal to work. The Committee has noted that, under Act No. 8104 of 28 March 1996, which introduced amendments to the abovementioned Act on Public Works, participation in such works is made compulsory for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits. The Committee requests the Government to provide, in its next report, information on such schemes, supplying copies of relevant texts, as well as information on the application in practice of the above Acts on Public Works, supplying also a copy of the decision of the Council of Ministers defining the methods of organizing such works, to which reference is made in section 5 of Act No. 7933 of 17 May 1995.

Article 2(2)(c). The Committee has noted the information concerning prison labour provided by the Government in its report. The Government indicates that prisoners cannot be forced to work and no disciplinary measures can be applied to them in case of refusal, but they are allowed to work both inside or outside penitentiary institutions. The Committee requests the Government to supply, with its next report, a copy of Act No. 8238, of 16 April 1998, concerning the rights and treatment of prisoners, which contains provisions governing prison labour, referred to by the Government.

Article 25. The Committee previously noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Government indicates in its report that, during the reporting period, ten sentences of imprisonment have been passed under this section. The Committee requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

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.

Articles 1, paragraph 1, and 2, paragraphs 1 and 2(a), of the Convention.  The Committee refers to the Government’s statement to the effect that, under section 5 of the Decree with respect to the armed forces, military service is compulsory in Albania; the armed forces participate in humanitarian and peacekeeping missions within and outside the country and in emergency situations may also be used to help maintain public order. The Committee requests the Government to transmit a copy of the above Decree and any other text regarding the organization and the functioning of the armed forces and the military service, as well as information concerning the application, in practice, of section 5 of the above Decree.

Article 2, paragraphs 1 and 2(e).  The Committee notes that under Act No. 7933 of 17 May 1995 communal services are works of a temporary nature, consisting of the construction, renovation, cleaning or maintenance of public property; they are intended for persons receiving financial assistance in the form of benefits from the State. Under section 3 of the Act, any refusal to participate in communal services will entail the suspension of state benefits. The Committee notes that, whilst the section 4 employment contract between the employer and the worker establishes the rates of wages, hours of work and social insurance, participation in communal services appears to be exacted under menace of a penalty (suspension of state benefits). The Committee therefore requests the Government to provide information on the measures envisaged, such as the amendment or repeal of section 3 of the above Decree, to ensure due conformity with the Convention in this matter. The Committee also requests the Government to transmit a copy of the decision of the Council of Ministers which defines the methods of organizing and financing community services (section 5).

Article 2, paragraphs 1 and 2(c).  The Committee refers to Decree No. 228 of 19 May 1993 with respect to the method of remunerating prison labour, which provides (section 2) that the work carried out by prison labour is the same as voluntary labour, with the exception of limitations due to the specific environment where prison sentences are served. The Committee also notes that prisoners, who are under the supervision or control of the prison authorities with regard to working conditions, must respect the obligations of the legislation in force and the conditions established in the employment contract. Where these conditions are not respected, sanctions may be imposed (section 7). The Committee recalls that persons who are serving a prison sentence must not be hired out to or placed at the disposal of private individuals without their consent. The Committee requests the Government to provide information in its next report on the application of the legislation and transmit a specimen of the contract concluded between the prison authorities and the employer. Please indicate what sanctions may be imposed on a prisoner where contractual obligations are not respected.

Article 25.  The Committee notes the Government’s indication that section 110 of the Penal Code punishes the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee requests the Government to provide information on instances where this provision has been enforced.

Finally, the Committee requests the Government to indicate whether Decree No. 1669 of 13 May 1953, Decree No. 1781 of 14 December 1953 (which provides for the imposition of labour by administrative decision as a form of punishment) and Decree No. 747 of 30 December 1949, respecting the imposition of communal service on highways (which the Government states is no longer applied in practice) have been formally repealed and, if so, to provide a copy of the text to that effect.

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

The Committee refers to its observation and requests additional information on the following points.

Articles 1, paragraph 1, and 2, paragraphs 1 and 2(a), of the Convention. The Committee refers to the Government's statement to the effect that, under section 5 of the Decree with respect to the armed forces, military service is compulsory in Albania; the armed forces participate in humanitarian and peacekeeping missions within and outside the country and in emergency situations may also be used to help maintain public order. The Committee requests the Government to transmit a copy of the above Decree and any other text regarding the organization and the functioning of the armed forces and the military service, as well as information concerning the application, in practice, of section 5 of the above Decree.

Article 2, paragraphs 1 and 2(e). The Committee notes that under Act No. 7933 of 17 May 1995 communal services are works of a temporary nature, consisting of the construction, renovation, cleaning or maintenance of public property; they are intended for persons receiving financial assistance in the form of benefits from the State. Under section 3 of the Act, any refusal to participate in communal services will entail the suspension of state benefits. The Committee notes that, whilst the section 4 employment contract between the employer and the worker establishes the rates of wages, hours of work and social insurance, participation in communal services appears to be exacted under menace of a penalty (suspension of state benefits). The Committee therefore requests the Government to provide information on the measures envisaged, such as the amendment or repeal of section 3 of the above Decree, to ensure due conformity with the Convention in this matter. The Committee also requests the Government to transmit a copy of the decision of the Council of Ministers which defines the methods of organizing and financing community services (section 5).

Article 2, paragraphs 1 and 2(c). The Committee refers to Decree No. 228 of 19 May 1993 with respect to the method of remunerating prison labour, which provides (section 2) that the work carried out by prison labour is the same as voluntary labour, with the exception of limitations due to the specific environment where prison sentences are served. The Committee also notes that prisoners, who are under the supervision or control of the prison authorities with regard to working conditions, must respect the obligations of the legislation in force and the conditions established in the employment contract. Where these conditions are not respected, sanctions may be imposed (section 7). The Committee recalls that persons who are serving a prison sentence must not be hired out to or placed at the disposal of private individuals without their consent. The Committee requests the Government to provide information in its next report on the application of the legislation and transmit a specimen of the contract concluded between the prison authorities and the employer. Please indicate what sanctions may be imposed on a prisoner where contractual obligations are not respected.

Article 25. The Committee notes the Government's indication that section 110 of the Penal Code punishes the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee requests the Government to provide information on instances where this provision has been enforced.

Finally, the Committee requests the Government to indicate whether Decree No. 1669 of 13 May 1953, Decree No. 1781 of 14 December 1953 (which provides for the imposition of labour by administrative decision as a form of punishment) and Decree No. 747 of 30 December 1949, respecting the imposition of communal service on highways (which the Government states is no longer applied in practice) have been formally repealed and, if so, to provide a copy of the text to that effect.

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

The Committee has noted with interest the information in the report supplied by the Government in 1996. It has noted in particular the prohibitions on forced labour contained in article 4 of the 1991 Constitution of the Republic of Albania and section 8 of the 1995 Labour Code, which have regard to the provisions of Convention No. 105, as well as to the present Convention. The Committee is addressing a direct request to the Government on certain matters.