Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Freedom of persons in the service of the State
to terminate employment

1. The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the information on the provisions specifying the required period of service to be completed by the officer in return for training received (Chapters 84 and 89 of the Defence Force Manual). It has also noted the Government’s indication in the report that the information provided in its earlier reports was obtained from the Defence Force Manual of Personnel Administration, and not the Defence Force Act. The Committee therefore requests the Government to supply, with its next report, a copy of respective provisions of the Defence Force Act.

2. The Committee previously noted that, according to section 2.2, Chapter 41 ("Resignation - Officers"), of the Defence Force Manual, the commander of the Defence Force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the Defence Force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority.

3. The Committee points out once again that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. Furthermore, the provisions relating to compulsory military service included in the forced labour Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service (see paragraphs 68 and 72 of the 1979 General Survey on the abolition of forced labour).

4. The Committee notes that the Government shares its view that the existing provisions governing the resignation of officers are contrary to the Convention. It has also noted the Government’s statement in the report that, based on the current trend of development taking place in the country to address the economic hardships that the country is facing, the Defence Force is undergoing a downsizing of its armed forces; while the retrenchment exercise is currently being implemented, there are also voluntary discharges from the Force where officers can leave the Force with their own request. The Government adds that, according to the defence concepts, the country is in the period of peacetime, and therefore there is no major need to retain any officer who is willing to leave the force through voluntary resignation.

5. While noting these indications, the Committee reiterates its hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and with the indicated practice. Pending the revision, the Committee requests the Government to continue to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of Chapter 113 of the Defence Force Act governing a procedure of appeal against a decision to reject a resignation, to which reference is made in the Government’s report.