Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. In earlier comments, the Committee referred to section 50(2) of the General Conditions of Service of the Public Service which provide that the resignation of a public servant does not become effective until it is accepted by the authority vested with the power of nomination. The Committee asked the Government to provide full information on the principles followed with regard to the acceptance or refusal of resignation requests.

The Committee notes the information supplied by the Government in its report (for Convention No. 105) to the effect that section 153 of the General Conditions of Service of the Public Service stipulates that a public servant's application to resign must be accepted or refused by the authority vested with the power of nomination within four months.

The Committee observes that the General Conditions of Service of the Public Service (Act No. 59-6 of 3 December 1959), which have been examined by the Committee, contain only 61 sections and that it has been unable to find any provision whose substance corresponds to the above provision referred to by the Government, either in the General Conditions of Service of the Public Service, or in Decree No. 60-54 of 30 March 1960 issuing procedures for the implementation of these Conditions of Service.

The Committee asks the Government to indicate the text in which the provision (section 153) mentioned in its report is to be found, concerning the period within which the authority must accept or refuse resignation.

The Committee notes the indications supplied by the Government concerning the ten-year period of service for students of the National School of Administration.

2. In its previous direct request, the Committee noted that no text existed on the resignation of career members of the armed forces and requested the Government to indicate the practice followed in the event of a resignation request from a career member of the armed forces. The Committee hopes that the next report will contain the information requested.