Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information provided in reply to its direct request on Article 2, paragraph 2(c), of the Convention.

Article 1 and Article 2, paragraph 1. The Committee notes the information provided in the Government's report to the effect that, in accordance with section 32 of the Organic Act on the Armed Forces, No. 873 of 31 July 1978, recruitment to the armed forces takes place under a contract concluded between the Dominican State and the person concerned for a period of four years. In this respect, the Committee reiterates that the four-year term does not correspond to the concept of a reasonable period required for the termination of the labour relationship of non-commissioned members of the armed forces. The Committee suggests that the Government examine the possibility of amending the legislation to reduce the duration of enlistment and, for example, bring it into line with the two-year period envisaged for the appointment of officials to positions of command in accordance with sections 44, 46, 47 and 48 of the Organic Act on the Armed Forces.

With regard to the acceptance of applications for voluntary retirement by officers in the armed forces at the discretion of the Head of State, the Government is aware that leaving the acceptance of voluntary retirement to the discretion of the Head of State does not appear to guarantee the freedom of officers to leave the service at their own initiative. However, the Government points out that, if the person concerned is not in agreement with a refusal to accept retirement, the decision can be appealed in the courts. It states that in practice no difficulty has ever arisen concerning the acceptance of voluntary retirement. Furthermore, such cases of voluntary retirement are not frequent, in view of the social prestige represented by the uniform as well as the economic situation in the country. In this respect, the Committee requests the Government to keep it informed of any amendment to the legislation in the sense referred to above and recalls that the effect of statutory provisions preventing termination of employment by any worker 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.