Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

1. Freedom of workers to terminate their employment:

(a) Career members of the armed forces: The Committee notes the Government's indications concerning acceptance by the authorities of the resignation of career members of the armed forces.

(b) Administrative prison staff: The Committee notes that under Act No. 395 of 15 December 1990 (Regulations of administrative prison staff), these employees are covered by the Regulations concerning the termination of employment relationships applicable to civil employees of the State. According to the Government, requests for resignation are accepted within a short period. The Government also states that in the two years prior to the adoption of Act No. 395 of 1990, no requests for resignation were refused and that, before that, the provisions under which requests could be refused were only applied in exceptional circumstances when there was a shortage of staff during periods of intense terrorist activity in Italy.

(c) National fire service: The Committee noted the Government's indications that the concept of pressing reasons of service which can be invoked to delay or refuse resignation, refers to exceptional or emergency situations. It asked the Government to indicate the number of cases of refusal or delays of resignations and the length of the delays. The Committee notes that the Government's report does not contain the information requested and asks the Government to provide it in its next report.

2. The Committee requested the Government to indicate whether Royal Decree No. 773 of 18 June 1931 and the Royal Decree of 3 March 1934, which authorized the prefect to issue requisition orders in particularly difficult situations in the event of strikes in the essential services, are still in force and, if so, to supply copies of the above texts and of any judicial decisions that have set a precedent and defined the scope of the notion of essential services in this connection. The Committee notes that this matter is not addressed in the Government's report; it hopes that the next report will contain the information requested.

3. The Committee notes that Circular No. 2906 of 7 December 1982 provides that the prisoner's consent must be obtained for work for private employers.