Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 1(1) and 2(1) of the Convention. 1. Restrictions on freedom of workers to terminate employment. In its earlier comments, the Committee referred to the Essential Services (Maintenance) Act No. LIII, 1952, under which termination of employment by any person employed by the central Government without the consent of the employer is punishable with imprisonment for up to one year, notwithstanding any express or implied term in the contract of employment providing that the employee may freely, and with notice, terminate his or her employment (sections 3, 5(1)(b) and explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions apply to every employment under the central Government and to any employment or class of employment declared by the Government to be an essential service. The Committee also referred to the Essential Services (Second) Ordinance No. XLI, 1958, which contains similar provisions (sections 3, 4(a) and (b) and 5). The Committee pointed out that, even regarding employment in essential services whose interruption would endanger the existence or well-being of the whole or part of the population, provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are incompatible with the Convention.

The Committee notes the Government’s statement in its report that the Essential Services (Maintenance) Act No. LIII, 1952, has not yet been repealed, but its provisions are no longer applied in practice. As regards the Essential Services (Second) Ordinance No. XLI, 1958, the Government indicates that it is still in force and is not listed among the existing legislative texts to be repealed in the course of the labour legislation reform.

While noting the Government’s statement that it is in favour of the freedom of workers to terminate their employment by way of notice of reasonable length, the Committee trusts that the necessary measures will be taken to formally repeal the Essential Services (Maintenance) Act No. LIII, 1952, and to repeal or amend the Essential Services (Second) Ordinance No. XLI, 1958, in order to bring legislation into conformity with the Convention, and that the Government will soon be in a position to report the progress made in this regard.

2. Trafficking in persons. The Committee previously noted the Government’s indications concerning various programmes aiming at combating trafficking in persons for the purpose of exploitation, which include awareness-raising and prevention measures. The Government states, in its latest report, that the existing programmes and activities have improved the situation. The Committee would appreciate it if the Government would describe such programmes in more detail and communicate copies of any relevant reports, articles, etc., as well as any other information concerning awareness-raising and prevention measures. Please also continue to provide information on the progress achieved in the implementation of the multisectoral action programme against trafficking and on the progress of the Law Commission set up to review existing laws and enact new ones to safeguard women’s rights and to prevent violence against women including trafficking.

Article 25. Law enforcement. The Committee recalls that, under this Article of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any ratifying State to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee refers to its earlier comments and notes also the Government’s statements in the report that the police, the other law enforcement agencies and concerned officers, including local government organizations, are involved actively in fighting against trafficking in persons. The Committee urges the Government to pursue its efforts to strengthen the law enforcement mechanism and requests the Government to supply information on the number of trafficking offences reported, the number of prosecutions initiated and the number of convictions obtained, indicating the penalties imposed.