Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

1. In its previous comments, the Committee referred to the provisions respecting the resignation of public servants contained in section 35 of Act No. 64-488 of 21 December 1964 to issue the general conditions of service of the public service, as well as to sections 52 and 54 of Decree No. 65-15 of 14 January 1965. The Committee requested the Government to provide information on the criteria that determine the acceptance or rejection of applications to resign and on the possibilities of appeal in the event of rejection.

The Committee notes Act No. 92/570 of 11 September 1992 to issue the general conditions of service of the public service, section 88 of which repeals all previous conflicting provisions. The Committee notes that by virtue of section 78, which in substance retains the provisions contained in section 35 of the above Act of 1964, the definitive termination of the employment relationship is consequent, among other matters, on the resignation application being accepted and, as such, irrevocable.

The Committee requests the Government to supply information on the time-limit within which the authority must hand down its decision to accept the application for resignation and to specify the criteria that determine the acceptance or rejection of applications to resign, and the possibilities of appeal which are available. It also requests the Government to indicate whether Decree No. 65-15 of 1965 remains applicable or, if not, to supply the text of any Decree issued under Act No. 92-570 of 1992.

2. The Committee notes with interest Act No. 92-572 of 11 September 1992, to repeal Act No. 77-526 of 30 July 1977, which specified the minimum length of service to be completed by physicians, pharmacists and dentists in the administration.

3. In its previous comments, the Committee requested the Government to supply information on the length of service required of a career serviceman who has undertaken to service for a specific period following further training, instruction or special training, and to provide a copy of the relevant texts. The Committee notes that the Government's report does not contain information on this point and hopes that the Government will supply information on this point in its next report.

4. The Committee previously noted Order No. 8193/MD/CAB/1 of 31 December 1983 concerning measures to disband the civic service. The Committee once again hopes that the Government will supply a copy of the Official Gazette in which the above text was published.