Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, Chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force were allowed.

The Committee notes an absence of information on this point in the Government’s report. Referring to paragraph 290 of the General Survey of 2012 on fundamental Conventions concerning rights at work, the Committee recalls that the Convention requires that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice. It therefore reiterates its hope that the necessary measures will be taken in order to bring the provisions governing the resignation of officers into conformity with the Convention and the indicated practice. Pending such a revision, the Committee requests the Government to provide information on the application of the above provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for such refusals. It also requests a copy of the Defence Force Act with its next report.