Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

1. The Committee noted previously that by virtue of sections 178 to 181 of ZATU No. AN VI-008/FP/TRAV of 26 October 1988 issuing the General Conditions of Employment of the Public Service, public servants who wish to resign shall address a written request two months before their presumed date of departure to the Minister of the Public Service who shall issue his decision to accept or reject the resignation within those two months. Public servants who leave their functions, despite a refusal by the competent authority, before the express acceptance or before the date set by the authority, are dismissed on the grounds of abandoning their duties.

The Committee asked the Government to supply information on the practice followed as regards the acceptance or rejection of resignation requests submitted by public servants.

In its report, the Government indicates that although the above provisions may appear restrictive, in practice public servants have no difficulty in leaving their employment if they complete the prescribed formalities. With regard to dismissals of public servants for abandoning their duties, offenders are warned - often more than once - before any decision is taken, although this measure is not expressly prescribed by law.

The Government also indicates that, in view of the forthcoming review of the General Conditions of Employment of the Public Service, all the above practices will be made formal to take account of the Committee's observations.

The Committee recalls that, when employment is the result of a freely-concluded agreement, the effect of statutory provisions preventing termination of employment 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. The Committee therefore considers that obligations of this kind are incompatible with the Convention.

The Committee would be grateful if the Government would provide information on the criteria followed with regard to the acceptance or refusal of resignation and to provide information on progress in the revision of the General Conditions of Employment of the Public Service.

2. In its previous comments, the Committee noted the Government's indication that the revision of the Penal Code would take account of new forms of exploitation, including certain situations of slavery-like situations such as household employment of children without any particular status and without adequate remuneration.

In its last report, the Government indicates that unlawful wages are still the most widespread form of exploitation of child labour.

The Committee also notes the information contained in the report submitted by Burkina Faso under Article 44 of the Convention on the rights of the child (CRC/C/3/add.19, paragraphs 9 and 10) in which the Government indicates that it is difficult to keep a check on the limits of the employment of young people at home, in the family and in the community in a difficult social and economic context, both for young people and adults, and that, Burkina Faso being an agricultural and an underdeveloped country, children are frequently called on at an early age to work long hours often in activities which are beyond their strength.

The Committee notes this information. It also notes Order No. 539/ITLS/HV of 29 July 1954 concerning child labour in all establishments of whatever nature and in households, which contains detailed provisions to ensure the protection of working children, and Order No. 545/GTL/HV of 2 August 1954 which prohibits the employment of children under the age of 14 for more than four-and-a-half hours in all per day.

The Committee asks the Government to provide detailed information on any measures taken to ensure that effect is given to the provisions of the above-mentioned Orders.

In its last report, the Government also indicates that work on the revision of the Penal Code has reached a very advanced stage. The Committee asks the Government to report on the progress of the revision and to provide a copy of the Code as soon as it has been adopted.