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

Articles 1(1) and 2(1) of the Convention. Right of public officials to resign. In its earlier comments, the Committee referred to sections 109 and 110 of the Civil Service Law (No. 1 of 2001), under which civil servants cannot leave their work until their resignation is accepted by the competent authorities; the decision on the application to resign should be taken within 30 days from the date of the application; resignation is deemed to be accepted if the authority fails to decide upon its refusal or acceptance within the said period. The Committee pointed out that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length are incompatible with the Convention. It also recalled in this connection that such provisions, which make it possible to retain workers in their employment, could be held compatible with the Convention only where they are necessary to cope with cases of emergency within the meaning of Article 2(2)(d) of the Convention.

The Committee previously noted the Government’s indication in its 2005 report that the acceptance of resignation by the competent authority is a merely procedural measure which gives it an opportunity to ensure the continuity of the service. It has also noted statistical information concerning the resignations accepted in 2007 in the Government sector provided by the Government in its latest report. Referring also to the explanations contained in paragraphs 96 and 97 of its General Survey of 2007 on the eradication of forced labour, the Committee reiterates its hope that, on the future occasion of the revision of the civil service legislation, the necessary measures will be taken in order to bring the above sections 109 and 110 into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of these provisions in practice, indicating not only the number of resignations accepted, but also the number of resignations refused, as well as the reasons for refusal, and to supply copies of decisions handed down under section 93 of the Law on the appeal against refusal.

Articles 1(1), 2(1) and 25. Trafficking in persons. Penal sanctions for the illegal exaction of forced labour. Referring to its 2000 general observation concerning trafficking in persons, as well as to the report of the UN Special Rapporteur on trafficking in persons of 25 April 2007 (A/HRC/4/23/Add.2), the Committee requests the Government to provide, in its next report, information on measures taken or envisaged, both in the legislation and in practice, in order to prevent, suppress and punish trafficking in persons. Please also provide information on any legal proceedings which have been instituted under sections 321, 322 and 297 of the Penal Code, which criminalize slavery, forced labour and forced prostitution, indicating the penalties imposed on perpetrators.