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

1. Freedom of workers in the service of the State to leave their employment. In previous comments the Committee asked the Government to provide information on the situation of civil servants, members of the national army, of the Sandinista police force and other armed bodies, particularly in respect of their freedom to leave the service on their own initiative within a reasonable period, either at regular intervals or with previous notice.

The Committee notes the Civil Service and Administrative Career Act (No. 70 of 5 December 1989) to regulate the labour of public servants who are excluded from the scope of the Labour Code (section 9(2)), and the provisions concerning resignation from the public service.

The Committee also notes that Legislative Decree No. 8-90 of 10 May 1990 suspended the application of the Civil Service and Administrative Career Act referred to above. The Committee asks the Government to provide information on the current status of the Civil Service and Administrative Career Act and of the freedom of public servants to leave the service.

The Committee also asks the Government to supply information concerning the provisions on resignation which apply to members of the national army and the Sandinista police.

2. In earlier comments, the Committee referred to the Act respecting the judicial functions of the Sandinista police force (approved by Decree No. 559 of 25 October 1980) which empowered this body of police to apply sanctions involving compulsory labour, which is contrary to Article 2(c) of the Convention.

The Committee notes with interest that the Act respecting the functions of the Sandinista police (No. 65 of 30 October 1988) supplied by the Government, does not confer judicial competence on this body. The Committee asks the Government to state whether Decree No. 559 has been explicitly repealed and, if not, to provide information on measures that have been taken or are envisaged to bring to the notice of the public, including the persons invested with the powers conferred by the above-mentioned Decree, that the judicial competence of the Sandinista police has been abolished.

In earlier comments, the Committee has repeatedly indicated the need to delete from a forthcoming edition of the Police Regulations Chapters XV and XVI of Title III and clause 22 of section 521, which have already been repealed by section 369 of the 1944 Labour Code, and the need to repeal or amend sections 29, 32 to 38, 522, clause 8; 533, clauses 3, 6, 20 and 24; 545, clause 13 and 575 of the Police Regulations, under which sentences involving compulsory labour can be imposed by decision of police magistrates; and also the Act of 17 July 1948 on the powers of police magistrates, who are officials of the Executive, to pronounce sentences involving compulsory labour.

The Committee hopes that the Government will shortly be able to inform it of the measures taken to bring the national legislation formally into line with the Convention and thereby remove any doubts as to the legislation actually in force.

3. The Committee notes that, pursuant to the Act respecting the encouragement and promotion of the practices of production of 18 November 1982, the various university faculties have concluded agreements with production entities, which are regulated by the Regulations of the Academic Regime. The Committee asks the Government to provide a copy of the above Regulations.

4. The Committee takes note of the Act of 1958 to establish compulsory social service.