Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (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.