Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career military personnel to leave their service. For a number of years, the Committee has been referring to section 141 of Act No. 232 of 1959, according to which the military officers’ service does not terminate until the resignation is accepted. The Committee has observed that, under the above provision, the application to resign may be either accepted or refused. It has also noted that section 141 does not establish the criteria used for deciding whether a resignation presented under its provisions will or will not be accepted.

The Committee has taken due note of the Government’s explanations of the principles governing the resignation of officers of the armed forces, being fully aware of the importance of ensuring the continuity of the service. It also noted the Government’s view expressed in its previous report that military service performed on a voluntary basis should not be considered forced labour, since persons who apply to that type of service know beforehand the rules regulating it.

However, the Committee recalled, referring also to paragraphs 46, 96 and 97 of its General Survey of 2007 on the eradication of forced labour that, under the Convention, career members of the armed forces who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. It therefore requested the Government to indicate the measures taken or envisaged in order to ensure compliance with the Convention.

Noting that the Government’s latest report contains no information on this issue, the Committee reiterates its hope that the Government will indicate, in its next report, the criteria applied in accepting or rejecting a resignation presented in conformity with section 141 referred to above, as well as the measures taken or envisaged in order to ensure compliance with the Convention on this point.

2. Freedom of public servants to leave their service. In its earlier comments, the Committee referred to the provisions governing resignation of employees contained in section 99 of Law No. 48 of 1978 concerning public sector employees and in section 97 of Law No. 47 of 1978 concerning civil servants in the public administration. According to these provisions, a worker may leave the service only after a decision to accept the resignation has been taken. A decision on the application to resign must be taken within 30 days after its submission. If no decision is taken, the resignation is considered as accepted, unless a request for resignation contains a condition or is coupled with a restriction, in which case a decision containing a reply needs to be taken.

The Committee observed that, under the above provisions, a request for resignation can be either accepted or refused and, therefore, the service is not automatically terminated after the expiration of a notice period. While having duly noted the Government’s repeated statement in its reports that provisions governing resignation aim at ensuring continued operation of the public utilities, the Committee again draws the Government’s attention to the explanations contained in paragraphs 96 and 97 of its General Survey of 2007 on the eradication of forced labour, where the Committee has considered 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 Convention.

The Committee expresses the firm hope that the necessary measures will be taken in order to bring section 99 of Law No. 48 of 1978 and section 97 of Law No. 47 of 1978 into conformity with the Convention, e.g. by eliminating a possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of sections 97 and 99 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted that, under section 375 of the Penal Code, the use of violence, brutality, terror, menaces or illegal practices are punishable with penalties of imprisonment where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever. The Committee noted the Government’s repeated statement in its reports that section 375, though general in scope, is also applicable to cases of the illegal exaction of forced labour, and requested the Government to provide information on its application in practice, in order to ascertain whether practical effect given to this section is compatible with Article 25 of the Convention.

The Government points out in its latest report that forced or compulsory labour is non-existent in practice in Egypt. It also reiterates that penalties provided for in section 375 are dissuasive to any person who may be tempted to force others to work.

While duly noting these indications, the Committee hopes that the Government will provide the information on the application of section 375 of the Penal Code in practice as soon as such information becomes available, in order to enable the Committee to assess its compliance with Article 25 of the Convention, which provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced”. In particular, the Government is requested to provide information on any legal proceedings which have been instituted under section 375 in connection with the illegal exaction of forced or compulsory labour and on any penalties imposed, if and when such information is available.