Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of workers to terminate employment. The Committee previously referred to section 35(2) of the Labour Code (Act No. 5 of 1995), which lays down an exhaustive list of cases where a worker may unilaterally terminate his/her contract of employment without prior written notice. It also referred to section 36, which lays down an exhaustive list of cases where either party to a contract of employment may terminate it with notice. The Committee asked the Government to take the necessary measures with a view to ensuring that a worker has the right to terminate his/her contract of employment at his/her own request without indicating any specific reason, simply by means of notice of reasonable length.

Further to its previous comments concerning a draft amendment to the Labour Code, which was supposed to ensure the right of workers to terminate employment upon their request, subject to previous notice, the Committee notes the Government’s indication that a new Bill includes a provision on the freedom of workers to resign without justification, provided they observe a notice period.

The Committee trusts that the Bill will soon be adopted and the legislation will be brought into conformity with the Convention on this point. It requests the Government to provide a copy of the new legislation, as soon as it is adopted.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 95 of Act No. 67 of 1991 concerning military service, which stipulates that the Minister may accept the resignation of an officer provided that the reason for his resignation is beyond his control and that he spent at least eight years in effective service. Section 96 of the Act lays down similar provisions for the resignation of non-commissioned officers, which may be accepted only if requested for reasons beyond their control and only after seven years of effective service.

The Committee has noted the Government’s repeated statement in its reports that members of the armed forces enjoy privileges and therefore the topic of resignation has not been raised before. The Government also indicates in its last report that there are numerous upper secondary graduates and holders of scientific qualifications who wish to join the armed forces. It undertakes to communicate to the ILO information on any new development in this regard.

While noting these indications, the Committee points out once again, referring also to the explanations in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length.

The Committee therefore reiterates its hope that the necessary measures will be taken with a view to bringing legislation into conformity with the Convention on this point. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the above sections 95 and 96 in practice, indicating in particular, for recent years, the number of applications for resignation accepted or refused, and the reasons for such a refusal.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously requested information on measures taken or envisaged to give effect in national law and practice to this Article of the Convention, which requires each ratifying State to make the illegal exaction of forced or compulsory labour punishable as a penal offence and to ensure that the penalties imposed by law are really adequate and strictly enforced. In particular, the Committee requested information concerning the application in practice of the following provisions of Law No. 12 of 1994 on Crimes and Penalties: section 246 (unlawful detention or deprivation of liberty) and section 248 (buying, selling or disposing of any person in any way or trafficking in persons for the purpose of exploitation).

While noting the Government’s indication that there have been no lawsuits concerning trafficking in persons in the national courts, the Committee again requests the Government to provide information on the application of sections 246 and 248 in practice, indicating the penalties imposed, once such information becomes available.

Communication of texts. The Committee notes the Government’s indication that there are no regulations governing prison labour issued under Act No. 48 of 1991 relating to prisons. It requests the Government to supply copies of any such regulations or implementing decisions, once they are adopted.