Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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

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

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of career members of the armed forces to leave their service. For a number of years, the Committee has been commenting on the provisions of Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee also noted the Government’s statement that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double to that of the expenses incurred by the State.

The Committee recalled that career members of the armed forces who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service. Those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee previously noted the Government’s indication in its report that Legislative Decree No. 53 of 1962 had been abrogated by Legislative Decree No. 18 of 2003. The Committee again requests the Government to communicate, a copy of Legislative Decree No. 18 of 2003, which, according to the Government, was annexed to the report, but has not been received in the ILO.

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

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. 
1. Freedom of persons in the service of the State to leave their employment. For many years, the Committee has been referring to section 364 of the Penal Code (as amended by Legislative Decree No. 46 of 23 July 1974), under which a term of imprisonment from three to five years may be imposed for leaving or interrupting work as a member of the staff of any public administration, establishment or body, or any authority of the public or mixed sector before resignation has been formally accepted by the competent authority; or evading obligations to serve the same authorities, whether the obligation derived from a mission, a scholarship or a study leave.

The Committee has noted the Government’s repeated indications in its reports that, in practice, a worker’s right to submit a request for resignation at any time is fully respected, and the competent authority is bound to accept the resignation, provided the continuity of the service is ensured. The Government also stated in its earlier reports that the Committee’s comments had been taken into account in the course of elaboration of the amendment to the Penal Code, in order to ensure conformity with the Convention.

The Government indicates in its latest report that the draft new Penal Code is still under discussion and that its adoption must go through a number of phases. The Committee trusts that the new Penal Code will be adopted in the near future and that legislation will be brought into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the new Penal Code, as soon as it is adopted.

2. Legislation on vagrancy. For a number of years, the Committee has been referring to section 597 of the Penal Code, which provides for the punishment of any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling. The Committee recalled that while the punishment of gambling or the abuse of intoxicating liquor is outside the scope of the Convention, the possibility to impose penalties for mere refusal to work is contrary to the Convention.

The Committee previously noted the Government’s indication in its earlier report that the proposed amendments to the Penal Code would accommodate the Committee’s request. However, the Government’s latest report does not contain any new information to that effect, but the Government states that the punishment of idleness is aiming at preventing begging and vagrancy, with a view to assisting the persons concerned to find decent employment. The Committee refers in this connection to the explanations in paragraph 88 of its 2007 General Survey on the eradication of forced labour, where it pointed out that provisions concerning vagrancy and similar offences, if defined in an unduly extensive manner, are liable to become a means of compulsion to work.

The Committee therefore reiterates the firm hope that the necessary measures will soon be taken, in the context of the revision of the Penal Code, with a view to clearly excluding from the legislation any possibility of compulsion to work, e.g. by limiting the scope of the provisions of section 597 to persons engaging in illegal activities, so as to bring legislation and practice into conformity with the Convention.

Article 2, paragraph 2(d). Work or services exacted in cases of emergency. In comments it has been making since 1964, the Committee has been referring to certain provisions of Decree No. 133 of 1952, under which compulsory labour could be exacted from the population in circumstances that go beyond the exception authorized by the Convention. The Committee referred, in particular, to the provisions of Chapter I (compulsory labour for purposes of health, culture or construction) and sections 27 and 28 (national defence work, social services, road work, etc.).

The Committee has noted the Government’s repeated indication in its reports that Legislative Decree No. 15 of 11 May 1971, concerning local administration, under which certain kinds of work or services (national defence work, social services, road work) may be exacted in the event of war, emergencies or natural disasters, has repealed sections 27 and 28 of Decree No. 133 referred to above.

The Committee again requests the Government to communicate a copy of Legislative Decree No. 15 of 11 May 1971 concerning local administration, which, according to the report, has been already sent to the ILO, but has not been received.

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

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. Over a number of years, the Committee has been commenting on the provisions of Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee previously noted a statement by the Government that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double to that of the expenses incurred by the State. The Committee recalled that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. Those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee has noted with interest the Government’s indication in its 2006 report that Legislative Decree No. 53 of 1962 has been abrogated by Legislative Decree No. 18 of 2003. The Committee requests the Government to communicate, with its next report, a copy of Legislative Decree No. 18 of 2003, as well as a copy of the Commander-in-Chief’s Decision No. 1 of 2003 governing the issue.

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of persons in the service of the State to leave their employment. For many years, the Committee has been referring to Legislative Decree No. 46 of 23 July 1974, amending section 364 of the Penal Code, under which a term of imprisonment from three to five years may be imposed for leaving or interrupting work as a member of the staff of any public administration, establishment or body or any authority of the public or mixed sector before resignation has been formally accepted by the competent authority; or evading obligations to serve the same authorities, whether the obligation derived from a mission, a scholarship or a study leave.

The Committee has noted the Government’s repeated indications in its reports that, in practice, a worker’s right to submit a request for resignation at any time is fully respected, and the competent authority is bound to accept the resignation, provided the continuity of the service is ensured. In its reports received in 2006 and 2007, the Government confirms its previous indications that the amendment of the Penal Code is currently ongoing and that the Committee’s comments are being taken into account in order to ensure conformity with the Convention. Recalling, with reference to paragraphs 96–97 of its General Survey of 2007 on the eradication of forced labour, that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice, the Committee reiterates the firm hope that the necessary measures will soon be taken in order to bring the legislation into conformity with the Convention and the indicated practice, and that the Government will provide information on the action taken to this end.

2. Legislation on vagrancy. Over a number of years, the Committee has been referring to section 597 of the Penal Code, which provides for the punishment of any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling. The Committee recalled that, while the punishment of gambling or the abuse of intoxicating liquor is outside the scope of the Convention, the possibility to impose penalties for mere refusal to work is contrary to the Convention.

The Committee previously noted the Government’s indication in its report that the amendments of the Penal Code will accommodate the Committee’s request. The Committee therefore expresses the firm hope that the necessary measures will soon be taken with a view to clearly excluding from the legislation any possibility of compulsion to work, either by repealing section 597 or by limiting its scope to persons engaging in illegal activities, so as to bring legislation and practice into conformity with the Convention.

Article 2(2)(d). Work or services exacted in cases of emergency. In comments it has been making since 1964, the Committee has been referring to certain provisions of Decree No. 133 of 1952 with respect to compulsory labour, particularly those of Chapter I (compulsory labour for purposes of health, culture or construction) and sections 27 and 28 (national defence work, social services, road work, etc.), which provide for the call up of inhabitants for periods of up to two months, in circumstances that go beyond the exception authorized by the Convention for “any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity ... and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population”.

The Committee has noted the Government’s repeated indications in its reports that Decree No. 133 of 1952 is currently being reviewed with a view to bringing it into conformity with the Convention. The Government reiterates that the provisions of Decree No. 133 are only applied in emergencies and to very limited categories. It also refers in this connection to Legislative Decree No. 15 of 11 May 1971 concerning local administration, under which certain kinds of work or services (national defence work, social services, road work) may be exacted in the event of war, emergencies or natural disasters. The Government repeatedly indicates that Legislative Decree No. 15 does not contain provisions similar to those in the above sections 27 and 28 of Decree No. 133.

While noting this information, the Committee trusts that the necessary measures will soon be taken to formally repeal or amend the above provisions of Legislative Decree No. 133 of 1952 so as to limit the possibility of exacting labour to situations of emergency in the strict sense of the term, as defined in the Convention, and that the Government will soon be in a position to report on the measures taken to this end. The Committee again requests the Government to communicate a copy of Legislative Decree No. 15 of 11 May 1971 referred to above.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Freedom of persons in the service of the State to leave their employment.  Over a number of years, the Committee has been commenting on the provisions of Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee previously noted a statement by the Government that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double that of the expenses incurred by the State. The Committee recalled, with reference to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service; those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee previously noted the Government’s indications in its report that the Committee for Consultation and Tripartite Dialogue was about to examine the abovementioned Legislative Decree No. 53 of 1962 with a view to amending it so as to meet the Committee of Experts’ requests concerning the acceptance of the resignation of the individuals of the armed forces. In its latest report, the Government states that the Committee’s comments on the right of volunteers to leave the service in peacetime are acceptable and applied in the armed forces; it also indicates that a volunteer who has benefited from a scholarship can leave the service upon reimbursement of half of the expenses incurred by the State, and not double those expenses as it was previously indicated. The Committee requests the Government to clarify this issue and again expresses the hope that the necessary measures will at last be taken to amend the legislation so as to ensure full conformity with the Convention on this point, in law and in practice.

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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following matters:

1. Freedom of persons in the service of the State to leave their employment. Over a number of years, the Committee has been commenting on Legislative Decree No. 46 of 23 July 1974, amending section 364 of the Penal Code, under which a term of imprisonment from three to five years may be imposed for leaving or interrupting work as a member of the staff of any public administration, establishment or body or any authority of the public or mixed sector before resignation has been formally accepted by the competent authority; or evading obligations to serve the same authorities, whether the obligation derived from a mission, a scholarship or a study leave.

The Committee has noted the Government’s indications that, in practice, each worker enjoys the full right to submit a request for resignation at any time of his choosing, and the competent authority is committed to accepting the resignation, provided the continuity of the service is ensured. The Government also indicates that the amendment of the Penal Code is currently ongoing and that the Committee’s comments are being taken into account in order to bring it into conformity with the Convention. The Committee recalls that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice, the Committee expresses the firm hope that the necessary measures will be taken in the near future in order to bring the legislation into conformity with the Convention and the indicated practice, and that the Government will provide information on the action taken to this end.

2. Legislation on vagrancy. Over a number of years, the Committee has been referring to section 597 of the Penal Code, which provides for the punishment of any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling. The Committee recalled, with reference to paragraphs 45-48 of its General Survey of 1979 on the abolition of forced labour, that while the punishment of gambling or the abuse of intoxicating liquor is outside the scope of the Convention, the possibility to impose penalties for mere refusal to work is contrary to the Convention.

The Committee has noted the Government’s explanation in the report that the purpose of the above provision is not to impose work, but to refrain from vagrancy; but at the same time the Government indicates that the amendments of the Penal Code will accommodate the Committee’s request. The Committee reiterates its hope that the necessary measures will soon be taken with a view to clearly excluding from the legislation any possibility of compulsion to work, either by repealing section 597 or by limiting its scope to persons engaging in illegal activities, so as to bring legislation and practice into conformity with the Convention.

3. Article 2(2)(d) of the Convention. In comments it has been making since 1964, the Committee has pointed out that certain provisions of Decree No. 133 of 1952 with respect to compulsory labour, particularly those of Chapter I (compulsory labour for purposes of health, culture or construction) and sections 27 and 28 (national defence work, social services, road work, etc.), provide for the call up of inhabitants for periods of up to two months, in circumstances that go beyond the exception authorized by the Convention, for "any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity ... and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population".

The Committee has noted the Government’s indication that the Civil Defence Law, which was intended to repeal Decree No. 133 of 1952, has not yet been promulgated. The Government also states that the Law on Local Administration promulgated by Legislative Decree No. 15 of 11 May 1971 does not contain provisions similar to those in the above sections 27 and 28 of Decree No. 133. It reiterates that the Committee for Consultation and Tripartite Dialogue set up to examine the Conventions and the Committee of Experts’ comments is responsible for the formulation of amendments to the various texts with a view to bringing them into conformity with the Conventions.

The Committee expresses the firm hope that the necessary measures will at last be taken to formally repeal or amend the above provisions of Legislative Decree No. 133 of 1952 so as to limit the possibility of exacting labour to situations of emergency as defined in the Convention, and that the Government will soon be in a position to report on the measures taken to this end, either through the adoption of the draft Civil Defence Law referred to above, or through some other action taken as a result of the deliberations of the Committee for Consultation and Tripartite Dialogue. Please also supply a copy of the Law on Local Administration promulgated by Legislative Decree No. 15 of 11 May 1971, to which reference has been made in the Government’s report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Referring to point 1 of its observation under the Convention, the Committee has noted the Government’s reply to its earlier comments.

Over a number of years, the Committee has been commenting on the provisions of Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee previously noted a statement by the Government that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double that of the expenses incurred by the State. The Committee recalled, with reference to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service; those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee previously noted the Government’s indications in its report that the Committee for Consultation and Tripartite Dialogue was about to examine the abovementioned Legislative Decree No. 53 of 1962 with a view to amending it so as to meet the Committee of Experts’ requests concerning the acceptance of the resignation of the individuals of the armed forces. In its latest report, the Government states that the Committee’s comments on the right of volunteers to leave the service in peacetime are acceptable and applied in the armed forces; it also indicates that a volunteer who has benefited from a scholarship can leave the service upon reimbursement of half of the expenses incurred by the State, and not double those expenses as it was previously indicated. The Committee requests the Government to clarify this issue and again expresses the hope that the necessary measures will at last be taken to amend the legislation so as to ensure full conformity with the Convention on this point, in law and in practice.

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

The Committee has noted the Government’s reply to its earlier comments. It has also noted the information provided in response to its general observation of 2000 concerning measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

1. Freedom of persons in the service of the State to leave their employment. Over a number of years, the Committee has been commenting on Legislative Decree No. 46 of 23 July 1974, amending section 364 of the Penal Code, under which a term of imprisonment from three to five years may be imposed for leaving or interrupting work as a member of the staff of any public administration, establishment or body or any authority of the public or mixed sector before resignation has been formally accepted by the competent authority; or evading obligations to serve the same authorities, whether the obligation derived from a mission, a scholarship or a study leave.

The Committee has noted the Government’s indications in its report that, in practice, each worker enjoys the full right to submit a request for resignation at any time of his choosing, and the competent authority is committed to accepting the resignation, provided the continuity of the service is ensured. The Government also indicates that the amendment of the Penal Code is currently ongoing and that the Committee’s comments are being taken into account in order to bring it into conformity with the Convention. Recalling, with reference to paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice, the Committee expresses the firm hope that the necessary measures will be taken in the near future in order to bring the legislation into conformity with the Convention and the indicated practice, and that the Government will provide information on the action taken to this end.

2. Legislation on vagrancy. Over a number of years, the Committee has been referring to section 597 of the Penal Code, which provides for the punishment of any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling. The Committee recalled, with reference to paragraphs 45-48 of its General Survey of 1979 on the abolition of forced labour, that while the punishment of gambling or the abuse of intoxicating liquor is outside the scope of the Convention, the possibility to impose penalties for mere refusal to work is contrary to the Convention.

The Committee has noted the Government’s explanation in the report that the purpose of the above provision is not to impose work, but to refrain from vagrancy; but at the same time the Government indicates that the amendments of the Penal Code will accommodate the Committee’s request. The Committee reiterates its hope that the necessary measures will soon be taken with a view to clearly excluding from the legislation any possibility of compulsion to work, either by repealing section 597 or by limiting its scope to persons engaging in illegal activities, so as to bring legislation and practice into conformity with the Convention.

3. Article 2(2)(d) of the Convention. In comments it has been making since 1964, the Committee has pointed out that certain provisions of Decree No. 133 of 1952 with respect to compulsory labour, particularly those of Chapter I (compulsory labour for purposes of health, culture or construction) and sections 27 and 28 (national defence work, social services, road work, etc.), provide for the call up of inhabitants for periods of up to two months, in circumstances that go beyond the exception authorized by the Convention, for "any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity ... and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population".

The Committee has noted the Government’s indication in its report that the Civil Defence Law, which was intended to repeal Decree No. 133 of 1952, has not yet been promulgated. The Government also states that the Law on Local Administration promulgated by Legislative Decree No. 15 of 11 May 1971 does not contain provisions similar to those in the above sections 27 and 28 of Decree No. 133. It reiterates that the Committee for Consultation and Tripartite Dialogue set up to examine the Conventions and the Committee of Experts’ comments is responsible for the formulation of amendments to the various texts with a view to bringing them into conformity with the Conventions.

The Committee expresses the firm hope that the necessary measures will at last be taken to formally repeal or amend the above provisions of Legislative Decree No. 133 of 1952 so as to limit the possibility of exacting labour to situations of emergency as defined in the Convention, and that the Government will soon be in a position to report on the measures taken to this end, either through the adoption of the draft Civil Defence Law referred to above, or through some other action taken as a result of the deliberations of the Committee for Consultation and Tripartite Dialogue. Please also supply a copy of the Law on Local Administration promulgated by Legislative Decree No. 15 of 11 May 1971, to which reference has been made in the Government’s report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Referring to point 1 of its observation under the Convention, the Committee has noted the Government’s reply to its earlier comments.

In comments it has been making since 1987, the Committee referred to Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee previously noted a statement by the Government that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double that of the expenses incurred by the State. The Committee also noted the Government’s indications in its report concerning an exchange of letters with the Ministry of Defence and the views expressed by the latter.

As the Committee repeatedly pointed out, referring also to paragraphs 33 and 72 of its 1979 General Survey on the abolition of forced labour, career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service; those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee has noted the Government’s indications in its report that the Committee for Consultation and Tripartite Dialogue shall examine the abovementioned Legislative Decree No. 53 of 1962 with a view to amending it so as to meet the Committee of Experts’ requests concerning the acceptance of the resignation of the individuals of the armed forces. The Committee reiterates its hope that the necessary measures will be taken to amend the legislation so as to ensure full conformity with the Convention on this point, in law and in practice.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information provided by the Government in reply to its earlier comments.

Freedom of persons in the service of the State to leave their employment.

1. In comments it has been making since 1985, the Committee has noted that under Legislative Decree No. 46 of 23 July 1974, amending section 364 of the Penal Code, a term of imprisonment from three to five years may be imposed for leaving or interrupting work as a member of the staff of any public administration, establishment or body or any authority of the public or mixed sector before resignation has been formally accepted by the competent authority; or evading obligations to serve the same authorities, whether the obligation derived from a mission, a scholarship or a study leave. Further, the personal goods and property of the person concerned may be confiscated. As the Committee repeatedly pointed out, referring also to paragraphs 67-73, of its 1979 General Survey on the abolition of forced labour, persons in the service of the state should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice.

The Committee has noted the Government’s indications in its report concerning an exchange of letters with the Ministry of Justice regarding the possibility of amending the abovementioned Legislative Decree No. 46 of 1974. The Government also indicates that the Committee for Consultation and Tripartite Dialogue shall work on reviewing the draft decree amending the Penal Code so as to include amendments aimed at meeting this Committee’s observations concerning the resignation of state employees. The Committee trusts that the necessary measures will be taken without further delay to ensure, both in law and in practice, that persons in the service of the State are free to leave their employment within a reasonable period, and that the Government will provide information on the action taken.

2. Legislation on vagrancy. In comments it has been making since 1987, the Committee referred to section 597 of the Penal Code, which provides for the punishment of any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling. Referring to the explanations given in paragraphs 45-48, of its 1979 General Survey on the abolition of forced labour, the Committee recalls that while the punishment of gambling or the abuse of intoxicating liquor is outside the scope of the Convention, the possibility to impose penalties for mere refusal to work is contrary to the Convention.

Referring also to its observation under Convention No. 105, the Committee has noted the draft legislative decree amending the Penal Code, a copy of which has been supplied by the Government. It has noted that, although the draft provides for removal from the Code of such terms as "imprisonment with labour" or "temporary hard labour", it does not change the essence of section 597. The Committee hopes that the Government will be able to take the necessary measures with a view to clearly excluding from the legislation any possibility of compulsion to work, either by repealing section 597 or by limiting the scope of its provisions to persons engaging in illegal activities, so as to bring legislation and practice into conformity with the Convention. Pending such revision, the Committee once again requests the Government to provide samples of recent judgements applying section 597 of the Penal Code.

3. Article 2(2)(d) of the Convention. In comments it has been making since 1964, the Committee has pointed out that certain provisions of Decree No. 133 of 1952 with respect to compulsory labour, particularly those of Chapter I (compulsory labour for purposes of health, culture or construction) and sections 27 and 28 (national defence work, social services, road work, etc.) provide for the call up of inhabitants for periods of up to two months, in circumstances that go beyond the exception authorized by the Convention for "any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity ... and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population".

The Committee previously noted the Government’s indications in its reports that a legislative decree to replace Decree No. 133 of 1952 had been submitted to the competent authority. It has noted from the Government’s report received in 1999 that the Ministry of Defence was asked for information about the progress made in the adoption of the draft Civil Defence Law which was intended to repeal Decree No. 133 of 1952. The Committee has also noted the Government’s indication in its report received in 2000 that the Committee for Consultation and Tripartite Dialogue was about to work on the amendments to the various texts, including the abovementioned Decree, with a view to meeting the observations of the Committee of Experts.

The Committee trusts that the necessary measures will at last be taken to amend Legislative Decree No. 133 of 1952 so as to limit the possibility of exacting labour to situations of emergency as defined in the Convention, and that the Government will soon be in a position to report on the measures taken to this end, either through the adoption of the draft Civil Defence Law referred to above, or through some other action taken as a result of the deliberations of the Committee for Consultation and Tripartite Dialogue.

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

Article 1(1) and Article 2(1) of the Convention. 1. With regard to the conditions for the resignation of public servants and other state employees, the Committee has since 1985 been drawing the Government's attention to Legislative Decree No. 46 of 23 July 1974, under which a term of imprisonment may be imposed for leaving or interrupting work as a member of the staff of any public administration, establishment or body or any authority of the public or mixed sector before resignation has been formally accepted by the competent authority; or evading obligations to serve the same authorities, whether the obligation derived from a mission, a scholarship or a study leave. Further, the personal goods and property of the person concerned may be confiscated. The Committee previously observed that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice. Persons who have benefited from missions, scholarships or study leave, should also have the right to leave the service on their initiative within a reasonable period proportional to the length of the studies financed by the State or through the reimbursement of the assistance they may have received. The Committee requests that the Government take the necessary measures to ensure that both law and practice are in conformity with the Convention and that persons in the service of the State are free to leave their employment within a reasonable period. It again asks the Government to provide full information on the matter in its next report.

2. The Committee has also since 1987 drawn the Government's attention to Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee noted a statement by the Government that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double that of the expenses incurred by the State. The Committee notes from the Government's report that a letter was sent to the Ministry of Defence in 1998, asking for its views. It notes the content of the answer, which provides no new information on the matter. The Committee refers again to paragraphs 33 and 72 of its 1979 General Survey on the abolition of forced labour: career military servicemen who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service; those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State. The Committee hopes that the Government will take the necessary measures to amend its legislation so as to ensure full conformity with the Convention on this point, in law and in practice.

3. In its previous comments, since 1987, the Committee noted that section 597 of the Penal Code provides for sentences of imprisonment involving the obligation to work in cases of vagrancy. In this regard, the Government indicates in its report that the Ministry of Justice answered a letter addressed to them in 1998 by the Ministry of Social Affairs and Labour, stating that a draft Legislative Decree to amend the Penal Code was still under study by the Council of Ministers. The Committee also noted that a copy of the draft has been sent.

The Committee notes that in its report received in June 1998 the Government repeats information already given in previous reports. The Committee recalls that it has considered that provisions on vagrancy are liable to become a means of compulsion to work. It hopes that the Government will take the necessary measures to bring its legislation and practice into conformity with the Convention. It asks the Government to provide information in its next report on any developments in the matter, and that a copy of the Legislative Decree mentioned above be sent as soon as it has been adopted. While noting again the explanations with respect to the archives system of the judicial authorities, the Committee once more requests the Government to provide, with its next report, a sample of recent judgements applying sanctions in application of section 597 of the Penal Code.

Article 2(2)(d) of the Convention. 4. The Committee has been making comments since 1964 on provisions of Decree No. 133 of 1952, respecting compulsory labour, particularly Chapter I (compulsory labour for purposes of health, culture or construction) and sections 27 and 28 (national defence work, social services, road work, etc.) which prescribe forms of compulsory service that go beyond the exceptions authorized by the Convention, such as "any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity ... and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population". The Committee notes the indication in the Government's report received in September 1998 that a Legislative Decree to replace Decree No. 133 of 1952 has been submitted to the competent authority and is still under study. According to the report, the Ministry of Social Affairs and Labour took measures to speed up the promulgation of the Decree, and addressed several letters to the Ministry of the Interior in 1998. The Committee notes the statement that the result of these measures will be communicated as soon as a reply is received from the Ministry of the Interior. The Committee also notes the statement that the provisions of the Decree are not put into practice. With regard to sections 27 and 28 of the Decree concerning national defence work, the Committee notes the indication that letters have been sent to the Ministry of Defence, to ask for information about the draft Civil Defence Decree and to request the follow up of the promulgation with the competent authorities. The Committee also notes that information will be communicated on the reply of the Ministry. The Committee encourages the Government to take the necessary measures to amend Legislative Decree No. 133 of 1952 so as to limit the possibilities of exacting labour to situations of war or emergency or the combating of natural disasters, to repeal sections 27 and 28 and to lay down the necessary sanctions for the illegal exaction of forced or compulsory labour in accordance with Article 25 of the Convention. The Committee trusts that the Government will take the necessary measures to bring the legislation into conformity with the Convention. It asks the Government to communicate full and detailed information on the matter in its next report.

5. The Committee notes with interest the information in the Government's report, that the Government has established at a Technical Legal Committee presided over by the Minister of Social Affairs and Labour, to study any law in force which is incompatible with the provisions of international labour Conventions. The Committee also notes the Government has established a Committee for Consultation and Tripartite Dialogue, to be presided over by the Deputy Minister and that, amongst other functions, this Committee is to review matters related to the reports which are submitted to the ILO on the application of Conventions and Recommendations, have been set up. The Committee would welcome information about the work and results of the deliberations of these committees and in particular aspects which affect this Convention.

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

The Committee has taken note of the information provided by the Government in reply to its earlier comments.

1. Article 2, paragraph 2(d), of the Convention. In the comments it has been making since 1964, the Committee has pointed out that certain provisions of Decree No. 133 of 1952 respecting compulsory labour, particularly those of Chapter I concerning compulsory labour for purposes of health, culture or construction, and sections 27 and 28 concerning national defence work, the social services and road work, allow inhabitants to be called up for periods of up to two months; these provisions prescribe forms of compulsory service that go beyond the exceptions authorized by the Convention.

The Committee has noted the Government's indications in the reports received in December 1994 and May 1996 that the Ministry of the Interior was requested to provide information on the status of the draft legislative decree which was intended to replace the above-mentioned Decree No. 133 of 1952 and on the progress made in this connection.

The Committee trusts again that the Government will take the necessary measures in the very near future in order to repeal or replace the above-mentioned Decree and to bring the legislation into full conformity with the Convention.

Freedom of persons in the service of the State to leave their employment

2. With regard to the conditions for the resignation of public servants and other state employees, the Committee noted in its earlier comments that, by virtue of Legislative Decree No. 46 of 23 July 1974 which amended section 364 of the Penal Code, a term of imprisonment of from three to five years and a fine may be imposed on any person who has left or interrupted his work as a member of the staff of a ministry, a public administration or establishment or other public body, a municipality, a municipal establishment or any authority of the public or mixed sector before the issuing of the document announcing the acceptance of his resignation by the competent authority; the same penalty may be imposed on any person deemed to have resigned by abandoning his work and interrupting it for a period of 15 days. Furthermore, any person evading his obligations to serve the same authorities shall be subject to the same penalty, whether the obligation derives from a mission, a scholarship or study leave. The personal goods and property of the person concerned shall be confiscated.

The Committee has noted the indications in the Government's report received in December 1994 that a letter has been sent to the Presidency of the Council of Ministers requesting it to consider the possibility of amending the above-mentioned Legislative Decree No. 46 of 1974 so as to enable civil servants to resign and leave their jobs at their own initiative, and to enable the recipients of education grants to resign from their jobs after having refunded the expenses borne by the Government to cover their studies. In the opinion of the Council of Ministers, which was reproduced in the Government's report, the contractual relationship between an employer and a worker, determined by the consent of both parties, does not permit an employer to terminate the employment of a worker arbitrarily where he wishes, and similarly does not permit to a worker to resign whenever he wants. The Government also states that the objective of an agreement between an employer and a worker to send the worker on a study course is to secure the necessary expertise requiring for the activity of the employer, which cannot be achieved by the reimbursement of the expenses of the study course.

In this connection, the Committee wishes to refer once again to paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. The Committee again observes that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice. Persons who have benefited from a mission, a scholarship or study leave, even where this has been granted as the result of a freely concluded agreement, should also have the right to leave the service on their own initiative within a reasonable period that is proportional to the length of the studies financed by the State, or through the reimbursement of the assistance that they have received.

The Committee trusts that the Government will not fail to take the necessary measures in order to ensure, both in law and in practice, that persons in the service of the State are free to leave their employment within a reasonable period. It asks the Government to provide, in its next report, information on any progress made in this regard.

3. In its earlier comments the Committee noted the Government's indication, with reference to Legislative Decree No. 53 of 1962, as amended, that the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years' service, if the scholarship lasted longer than one year. The Committee asked the Government to indicate whether persons who have received a scholarship are free to leave the service through the reimbursement of the costs incurred by the State.

The Committee has noted the Government's statement in the report received in September 1994 that the Ministry of Defence accepts the resignation of a person sent on a scholarship if that person refunds an amount double that of the expenses incurred by the State, because this constitutes a breach of the contract signed by the scholarship recipient under the above-mentioned Decree. With reference to paragraphs 33 and 72 of its 1979 General Survey on the abolition of forced labour, the Committee wishes to point out that career military servicemen, who voluntarily entered into an engagement, should have right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service; those who have benefited from a scholarship, even where it has been granted as the result of a freely concluded agreement, should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through the reimbursement of the costs incurred by the State. The Committee hopes that the Government will take the necessary measures in order to ensure full conformity with the Convention on this point, both in law and in practice.

4. Legislation on vagrancy. In its earlier comments the Committee noted that section 597 of the Penal Code provides for sentences of imprisonment involving the obligation to work from one to six months for any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling. It has noted the information supplied by the Government in its report received in September 1995 on the number of sentences passed in application of section 597 of the Penal Code. As regards copies of the judgements, the Government refers to technical difficulties preventing it from retrieving them. The Committee has noted the Government's indication in its latest report received in May 1996 that the Ministry of Justice was asked to provide copies of the judgements concerning the application of the above-mentioned section of the Code. The Committee therefore hopes that the Government will communicate them with its next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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. Article 2, paragraph 2(d), of the Convention. In the comments it has been making since 1964, the Committee has pointed out that certain provisions of Decree No. 133 of 1952 respecting compulsory labour, particularly those of Chapter I concerning compulsory labour for purposes of health, culture or construction, and sections 27 and 28 concerning national defence work, the social services and road work, allow inhabitants to be called up for periods of up to two months; these provisions prescribe forms of compulsory service that go beyond the exceptions authorized by the Convention.

The Committee noted the Government's indications in its reports of June 1991 and 1992 that, in 1991 and 1992, the Council of Ministers asked the Ministry of Justice to submit the conclusions of the review of the Civil Defence Bill and to provide information on subsequent measures to secure its enactment.

The Committee noted previously from the Government's information that the Bill was to repeal Decree No. 133 of 1952.

The Committee trusts again that the Government will take the necessary steps in the near future to bring its legislation into full conformity with the requirements of the Convention.

Freedom of persons in the service of the State to leave their employment

2. With regard to the conditions for the resignation of public servants and other State employees, the Committee noted in its previous comments that, by virtue of Legislative Decree No. 46 of 23 July 1974, amending section 364 of the Penal Code, a term of imprisonment of from three to five years and a fine may be imposed on any person who has left or interrupted his work as a member of the staff of a ministry, a public administration or establishment or other public body, a municipality, a municipal establishment or any authority of the public or mixed sector before the issuing of the document announcing the acceptance of his resignation by the competent authority; the same penalty may be imposed on any person deemed to have resigned by abandoning his work and interrupting it for a period of 15 days. Furthermore, any person evading his obligations to serve the same authorities shall be subject to the same penalty, whether the obligation derives from a mission, a scholarship or study leave. The personal goods and property of the person concerned shall be confiscated.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, and again observes that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice. Persons who have benefited from a mission, a scholarhsip or study leave, even where this has been granted as the result of a freely concluded agreement, should also have the right to leave the service on their own initiative within a reasonable period that is proportional to the length of the studies financed by the State, or through the reimbursement of the assistance that they have received.

The Committee noted the indications in the Government's latest report that a letter has been sent to the Ministry of Justice concerning the procedure for the enactment of the Bill to amend the Penal Code. The Committee again expresses the hope that the necessary measures will be taken to ensure, both in law and in practice, that persons in the service of the State are free to leave their employment within a reasonable period.

3. The Committee noted that under Legislative Decree No. 53 of 1962, as amended by Legislative Decree No. 18 of 1983, the resignation of a volunteer member of the armed forces is accepted before the completion of the full duration of the first contract of engagement only by virtue of an order of the Commander General of the army and the other armed forces; that volunteers, after completion of their contracts, and career members of the armed forces can submit their resignation only with the approval of the competent section of the administration; and that if they have received a scholarship for a period abroad, their resignation can be submitted only after at least 10 years' service.

The Government indicated previously that voluntary service in the army is performed under a fixed-term contract, which is generally set at five years, and that the Commander General of the army may accept the resignation of a volunteer before completion of his period of engagement, taking into account the specific situation of the individual. The Committee asked the Government to indicate the period for which a contract containing an engagement to serve in the army may be concluded when it is not concluded for a five-year period.

The Committee also noted that, according to the Government, the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years' service under a clause included in the freely concluded contract. The Committee had asked the Government to indicate whether persons who have received a scholarship are free to leave the service through the reimbursement of the costs incurred by the State.

The Committee noted the Government's indication that it has been in contact with the Ministry of Defence whose reply will be communicated as soon as it is received. The Committee again expresses the hope that the Government will provide the information requested with its next report.

4. Legislation on vagrancy. The Committee noted that section 597 of the Penal Code provides for sentences of imprisonment involving the obligation to work of from one to six months for any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling.

The Committee again asks the Goverment to provide information on the number of sentences and their duration and to provide copies of the judgements handed down which define the scope of section 597 of the Penal Code.

The Committee noted the Government's statement that this information would be sent as soon as it is received. The Committee trusts that the Government will enclose it with its next report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Article 2, paragraph 2(d), of the Convention. In the comments it has been making since 1964, the Committee has pointed out that certain provisions of Decree No. 133 of 1952 respecting compulsory labour, particularly those of Chapter I concerning compulsory labour for purposes of health, culture or construction, and sections 27 and 28 concerning national defence work, the social services and road work, allow inhabitants to be called up for periods of up to two months; these provisions prescribe forms of compulsory service that go beyond the exceptions authorized by the Convention.

The Committee notes the Government's indications in its reports that, in 1991 and 1992, the Council of Ministers asked the Ministry of Justice to submit the conclusions of the review of the Civil Defence Bill and to provide information on subsequent measures to secure its enactment.

The Committee noted previously from the Government's information that the Bill was to repeal Decree No. 133 of 1952.

The Committee trusts that the Government will take the necessary steps in the near future to bring its legislation into full conformity with the requirements of the Convention.

Freedom of persons in the service of the State to leave their employment

2. With regard to the conditions for the resignation of public servants and other State employees, the Committee noted in its previous comments that, by virtue of Legislative Decree No. 46 of 23 July 1974, amending section 364 of the Penal Code, a term of imprisonment of from three to five years and a fine may be imposed on any person who has left or interrupted his work as a member of the staff of a ministry, a public administration or establishment or other public body, a municipality, a municipal establishment or any authority of the public or mixed sector before the issuing of the document announcing the acceptance of his resignation by the competent authority; the same penalty may be imposed on any person deemed to have resigned by abandoning his work and interrupting it for a period of 15 days. Furthermore, any person evading his obligations to serve the same authorities shall be subject to the same penalty, whether the obligation derives from a mission, a scholarship or study leave. The personal goods and property of the person concerned shall be confiscated.

The Committee refers to paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, and again observes that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice. Persons who have benefited from a mission, a scholarhsip or study leave, even where this has been granted as the result of a freely concluded agreement, should also have the right to leave the service on their own initiative within a reasonable period that is proportional to the length of the studies financed by the State, or through the reimbursement of the assistance that they have received.

The Committee notes the indications in the Government's latest report that a letter has been sent to the Ministry of Justice concerning the procedure for the enactment of the Bill to amend the Penal Code. The Committee hopes that the necessary measures will be taken to ensure, both in law and in practice, that persons in the service of the State are free to leave their employment within a reasonable period.

3. The Committee noted that under Legislative Decree No. 53 of 1962, as amended by Legislative Decree No. 18 of 1983, the resignation of a volunteer member of the armed forces is accepted before the completion of the full duration of the first contract of engagement only by virtue of an order of the Commander General of the army and the other armed forces; that volunteers, after completion of their contracts, and career members of the armed forces can submit their resignation only with the approval of the competent section of the administration; and that if they have received a scholarship for a period abroad, their resignation can be submitted only after at least 10 years' service.

The Government indicated previously that voluntary service in the army is performed under a fixed-term contract, which is generally set at five years, and that the Commander General of the army may accept the resignation of a volunteer before completion of his period of engagement, taking into account the specific situation of the individual. The Committee asked the Government to indicate the period for which a contract containing an engagement to serve in the army may be concluded when it is not concluded for a five-year period.

The Committee also noted that, according to the Government, the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years' service under a clause included in the freely concluded contract. The Committee asked the Government to indicate whether persons who have received a scholarship are free to leave the service through the reimbursement of the costs incurred by the State.

The Committee notes the Government's indication that it has been in contact with the Ministry of Defence whose reply will be communicated as soon as it is received. The Committee hopes that the Government will provide the information requested with its next report.

4. Legislation on vagrancy. The Committee noted that section 597 of the Penal Code provides for sentences of imprisonment involving the obligation to work of from one to six months for any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling.

The Committee again asks the Goverment to provide information on the number of sentences and their duration and to provide copies of the judgements handed down which define the scope of section 597 of the Penal Code.

The Committee notes the Government's statement that this information will be sent as soon as it is received, and trusts that the Government will enclose it with its next report.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's report.

Article 2, paragraph 2(d), of the Convention. 1. In the comments that it has been making since 1964, the Committee has noted that certain provisions of Decree No. 133 of 1952 respecting compulsory labour, and particularly the provisions contained in Chapter I on compulsory labour for medical, cultural or construction purposes, and sections 27 and 28 respecting work related to the national defence, social services and work on highways, permit the requisitioning of inhabitants for periods of up to two months. These sections provide for forms of compulsory labour that go beyond the exceptions authorised by the Convention.

The Committee noted the information supplied by the Government to the effect that the Bill respecting civil defence was to repeal Decree No. 133 of 1952, which, according to the Government, had never been applied in practice. The Committee notes the Government's indication in its last report that information has been requested from the Ministry of Justice and it trusts that the Government will report in the very near future that the Decree in question has been repealed.

The Committee notes that the Government's report does not contain information on the other points raised in its previous requests. It hopes that the Government will report in full on the following points which were raised previously.

Freedom of persons in the service of the State to leave their employment. 2. In its previous comments, the Committee noted that by virtue of section 134 of Act No. 1 of 2 January 1985, to issue the conditions of service of state employees, the competent authority must pronounce on a resignation request by accepting or refusing it within 60 days of the date of its submission, and that by virtue of Legislative Decree No. 11 of 26 February 1986, the decision on the resignation of civil servants or other workers in the service of the State is taken by the Prime Minister. It also noted that under the provisions of the Legislative Decree of 23 July 1974, amending section 364 of the Penal Code, a term of imprisonment of from 3 to 5 years and a fine may be imposed on any person who has left or interrupted his work as a member of the staff of a ministry, a public administration or establishment or other public body, a municipality, a municipal establishment or any authority of the public or mixed sector before the issuing of the document announcing the acceptance of his resignation by the competent authority; the same penalty may be imposed on any person deemed to have resigned by abandoning his work and interrupting it for a period of 15 days. Furthermore, any person evading his obligations to serve the same authorities shall be subject to the same penalty, whether the obligation derives from a mission, a scholarship or study leave. The personal goods and property of the person concerned shall be confiscated.

The Government indicated previously that the acceptance of resignation depends on the necessity of ensuring the continuity of the service and safeguarding the public interest, as it depends on the proper running of the service, and that resignation requests have been refused only in very rare cases and that the persons concerned have been able to appeal to the courts which have ruled in their favour. The Government also stated that missions, scholarships and study leave arise from an agreement freely concluded between the administration and the beneficiary and that the resulting obligations to serve, enforceable by penal sanctions, derive from the penal clauses of the agreement and are the counterpart of the expenses incurred by the State.

With reference to paragraphs 67-73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee once again observes that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice. Persons who have benefited from a mission, a scholarship or study leave, even where this has been granted as the result of a freely concluded agreement, should also have the right to leave the service on their own initiative within a reasonable period that is proportional to the length of the studies financed by the State, or through the reimbursement of the assistance that they have received.

The Committee once again requests the Government to indicate all the measures that have been taken or are contemplated in order to preserve in law and in practice the freedom of persons in the service of the State to leave their employment within a reasonable period. It also requests the Government to supply copies of rulings handed down by administrative tribunals containing decisions on resignation requests that have been refused by the administration.

3. The Committee noted that under Legislative Decree No. 53 of 1962, as amended by Legislative Decree No. 18 of 1983, the resignation of a volunteer member of the armed forces is accepted before the completion of the full duration of the first contract of enagement only by virtue of an order of the Commander General of the army and the other armed forces; that volunteers, after the completion of their contracts, and career members of the armed forces can submit their resignation only with the approval of the competent section of the administration; and that if they have received a scholarship for a period abroad, their resignation can be submitted only after at least ten years' service.

The Government indicated previously that voluntary service in the army is performed under a fixed-term employment contract, which is generally set at five years, and that the Commander General of the army may accept the resignation of a volunteer before the completion of his period of engagement, taking into account the specific situation of the individual. The Committee again requests the Government to indicate the period for which a contract containing an engagement to serve in the army may be concluded when it is not concluded for a five-year period.

The Committee also noted that, according to the Government, the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years' service under a clause included in the freely concluded contract. The Committee again requests the Government to state whether persons who have received a scholarship are free to leave the service through the reimbursement of the costs incurred by the State.

Legislation on vagrancy. 4. The Committee noted that section 597 of the Penal Code provides for sentences of imprisonment of from one to six months involving the obligation to work for any person who is reduced to seeking public assistance or charity as a result of idleness, drunkenness or gambling.

The Committee once again requests the Government to supply information on the number of sentences and their duration and to furnish a copy of the judgements handed down which define the scope of section 597 of the Penal Code.

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

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:

Article 2, paragraph 2(d), of the Convention. 1. The Committee noted previously that the Bill respecting civil defence, which was to repeal Legislative Decree No. 133 of 1952, referred to by the Committee in its earlier comments, was still under study. The Committee notes that the Government's report received in 1988 does not contain information in this respect and it hopes that the Government will soon be able to report the repeal of the Legislative Decree.

Freedom of persons in the service of the State to leave their employment. 2. In its previous comments, the Committee noted that by virtue of section 134 of Act No. 1 of 2 January 1985, to issue the conditions of service of State employees, the competent authority must pronounce on a resignation request by accepting or refusing it within 60 days of the date of its submission, and that by virtue of Legislative Decree No. 11 of 26 February 1986, the decision on the resignation of civil servants and other workers in the service of the State is taken by the Prime Minister. It also noted that under the provisions of the Legislative Decree of 23 July 1974, amending section 364 of the Penal Code, a term of imprisonment of from three to five years and a fine may be imposed on any person who has left or interrupted his work as a member of the staff of a ministry, a public administration or establishment or other public body, a municipality, a municiple establishment or any authority of the public or mixed sector before the issuing of the document announcing the acceptance of his resignation by the competent authority; the same penalty may be imposed on any person deemed to have resigned by abandoning his work and interrupting it for a period of 15 days. Furthermore, any person evading his obligations to serve the same authorities, shall be subject to the same penalty, whether the obligation derives from a mission, a scholarship or study leave. The personal goods and property of the person concerned shall be confiscated.

The Committee noted the Government's indication to the effect that the acceptance of resignation depends on the necessity of ensuring the continuity of the service and safeguarding the public interest, as it depends on the proper running of the service. Missions, scholarships and study leave arise from an agreement freely concluded between the administration and the beneficiary and the resulting obligations to serve, enforceable by penal sanctions, derive from the penal clauses of the agreement and are the counterpart of the expenses incurred by the State. The Committee requested the Government to supply information on the application in practice of the above provisions.

The Committee noted the Government's statement to the effect that the measures in question are intended to organise resignation procedure according to the general interest, that resignation requests have been refused only in very rare cases and that the persons concerned have been able to appeal to the courts which have ruled in their favour. The obligation to serve incumbent upon public servants who have received a study grant, derives from a clause in a contract that was freely concluded.

Referring to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee observes that persons in the service of the State should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice. Persons who have benefited from a mission, a scholarship or study leave, even where this has been granted as the result of a freely concluded agreement, should also have the right to leave the service on their own initiative within a reasonable period that is proportional to the length of the studies financed by the State, or through the reimbursement of the assistance that they have received.

The Committee once again requests the Government to indicate all the measures taken or contemplated in order to preserve in law and in practice the freedom of persons in the service of the State to leave their employment within a reasonable period. It also requests the Government to supply copies of rulings handed down by administrative tribunals containing decisions on resignation requests that have been refused by the administration.

3. The Committee noted that under Legislative Decree No. 53 of 1962, as amended by Legislative Decree No. 18 of 1983, the resignation of a volunteer member of the armed forces is accepted before the completion of the full duration of the first contract of engagement only by virtue of an order of the Commander General of the army and the other armed forces; that volunteers, after the completion of their contracts, and career members of the armed forces can submit their resignation only with the approval of the competent section of the administration; and that if they have received a scholarship for a period abroad, their resignation can be submitted only after at least ten years' service.

The Committee noted the Government's statement in its report received in 1988 to the effect that voluntary service in the army is performed under a fixed-term employment contract, which is generally set at five years. The Commander General of the army may accept the resignation of a volunteer before the completion of his period of engagement, taking into account the specific situation of the individual. The Committee again requests the Government to indicate the period for which a contract containing an engagement to serve in the army may be concluded when it is not concluded for a five-year period.

The Committee also noted, according to the Government, that the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years' service under a clause included in the freely concluded contract. The Committee again requests the Government to state whether persons who have received a scholarship are free to leave the service through the reimbursement of the costs incurred by the State.

Legislation on vagrancy.

4. The Committee noted that section 597 of the Penal Code provides for sentences of imprisonment involving the obligation to work of from one to six months for any person who is reduced to seeking public assistance or charity as a result of idleness, drunkeness or gambling.

While noting the Government's indications concerning the workhouses for beggars and vagrants set up under Act No. 16 of 22 November 1975, the Committee once again requests the Government to supply information on the number of sentences and their duration and to furnish a copy of the judgements handed down which define the scope of section 597 of the Penal Code.