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

The Committee notes the Government's reports.

1. It notes the Government's statement that there does not exist any form of forced or compulsory labour in the country.

It notes that, according to the Government, the Constitution prohibits forced labour, that the labour legislation is based on the principle of the agreement of the parties and that Law No. 38 of 1964 respecting employment in the private sector does not deal with forced labour.

The Committee wishes to point out in this respect that the Convention explicitly requires that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence. An overall prohibition which makes forced labour illegal, or unconstitutional, does not appear to be sufficient to satisfy the requirements of Article 25 of the Convention.

The Committee requests the Government to indicate the measures that it envisages taking to give full effect to this provision.

The Committee notes Ordinance No. 617 of 1992 on domestic service agencies, and in particular the clauses of the model contract. It notes that domestic workers and similar categories are excluded from the scope of Law No. 38 respecting employment in the private sector.

The Committee considers that, in certain cases, even when there is a general prohibition of forced or compulsory labour, employers may find themselves in a situation in which they exercise excessive control over workers, and in particular over foreign workers, especially those which are not covered by the labour legislation, such as domestic workers.

In so far as this category of persons may be indirectly obliged to work under conditions which are not comparable with a free employment relationship, the Committee requests the Government to indicate how persons in domestic service are protected.

With reference to Ordinance No. 617, referred to above, it also requests the Government to indicate the nature of the model contract attached to the Ordinance, the conditions under which persons in domestic service can leave their employment, and the courts to which they may have recourse if necessary.

2. Further to its direct request of 1990, the Committee recalls that it made comments on the conditions under which officers may resign from the army. The Committee considered that neither statutory provisions nor administrative practice may be invoked to deprive career members of the armed forces, who have voluntarily engaged in the armed forces, from the right to leave the service in peacetime, either at specified intervals, or with previous notice, subject to conditions which may normally be required to ensure continuity of service.

The Committee requests the Government to supply information on developments in the situation in this respect.