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

In its previous comments, the Committee noted that under Act No. 61-23 of 15 June 1961 respecting the general conditions of service of public officials, resignation is effective only in so far as it is accepted; that a decision must be given within one month; that the decision is subject to administrative appeal; and that a public servant who ceases his duties before the date fixed by the competent authority may be liable to disciplinary sanctions. The Government stated that these provisions concern in particular persons whose training has been financed by the State and that the texts governing training schools provide that persons wishing to receive training must undertake to serve in the administration for a period of from ten to 15 years.

The Committee notes that under Decree No. 77-429, updated on 31 December 1987, to organize the National School for Administrators and Magistrates, candidates other than professional candidates must undertake to serve the State for 15 years upon leaving the School and that the period of studies is two years (section 12(11) and 16 of the Decree). The Committee requested the Government to supply information, including any relevant texts, on the possibilities available to public servants who are former students of the above School to resign subject to repayment of the amount disbursed by the State, or to indicate any other measures taken or contemplated to ensure that persons in the service of the State who are recruited by means of the admission exam to the National School for Administrators and Magistrates are free to leave their employment within a reasonable period.

The Committee also noted that under Decree No. 84-501 of 2 May 1984, to establish the organization and operating rules of the Military Health School, students undertake to serve for a period equal to the period of study plus ten years; in the event of unilateral termination of the engagement, students must reimburse maintenance grants without prejudice to other penalties provided for by law (sections 11 and 13). The Committee requested the Government to state the normal length of the period of study and the nature of the penalties which could be imposed.

The Committee notes that the Government's report does not contain information in reply to its comments. With reference to paragraphs 67-73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalls that persons in the service of the State should be entitled to leave the service on their own initiative within a reasonable period, either at specified intervals, or with previous notice. Persons who have received training financed by the State should also be entitled to leave the service on their own initiative within a period proportional to the length of the training financed by the State, or subject to repayment of the amount disbursed by the State. The Committee expresses the strong hope that the Government will supply the information requested and will indicate the measures which have been taken or are envisaged in this respect to ensure that persons in the service of the State are free to leave their employment.