Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Qatar (Ratificación : 1998)

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Observación

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 1(1) and 2(1) of the Convention. Freedom of public officials to leave their service. The Committee previously noted that pursuant to sections 161 and 162 of Law No. 8 of 2009 on Human Resources Management, civil servants may submit a request for resignation, which must be approved within 30 days. However, the approval may be postponed for a similar period of 30 days and the civil servant shall continue to work. The Government previously stated in this respect that these provisions are inherent to the nature of the civil service, and aim at ensuring continued operation of the service. The Committee also noted the Government’s information on the measures it was taking to ensure the amendment of section 161 of Act No. 8 of 2009 on Human Resources Management in order to bring it into conformity with Articles 1 and 2 of Convention No. 29.

The Committee notes the information in the Government’s report that the amendment of section 161 of Act No. 8 of 2009 on Human Resources Management is still going through the legislative channels because the amendment requires achieving a balance between the general interest and the freedom of a public official in leaving the service. Moreover, a new ministry has been set up by virtue of Decree No. 4 of 2016 which supervises the implementation of Act No. 8 of 2009. The Government adds that all information relating to public officials is currently being updated and information relating to the application of sections 161 and 162 of Act No. 8 of 2009 will be communicated as soon as the updating process on public officials is completed.

The Committee takes note of this information and once again recalls 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 therefore hopes that the necessary measures will be taken to ensure the amendment of section 161 of Act No. 8 of 2009 on Human Resources Management in order to bring the legislation into conformity with the Convention. Pending the adoption of such measures, the Committee once again requests the Government to provide information on the application in practice of sections 161 and 162, indicating the number of cases in which such resignations were refused, the grounds for refusal and the total period during which the resignations were refused.