Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 29) sur le travail forcé, 1930 - République arabe syrienne (Ratification: 1960)

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of career members of the armed forces to leave their service. For a number of years, the Committee has been commenting on the provisions of Legislative Decree No. 53 of 1962, pursuant to which the resignation of a member of the armed forces who has received a scholarship can only be accepted after ten years of service if the scholarship has lasted longer than one year. The Committee also noted the Government’s statement that resignation can be accepted in case of reimbursement only if the person concerned refunds an amount double to that of the expenses incurred by the State.

The Committee recalled that career members of the armed forces who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length, subject to the conditions which may normally be required to ensure the continuity of the service. Those who have benefited from a scholarship should also have the right to leave the service within a reasonable period that is proportional to the length of the studies financed by the State, or through reimbursement of the actual costs incurred by the State.

The Committee previously noted the Government’s indication in its report that Legislative Decree No. 53 of 1962 had been abrogated by Legislative Decree No. 18 of 2003. The Committee again requests the Government to communicate, a copy of Legislative Decree No. 18 of 2003, which, according to the Government, was annexed to the report, but has not been received in the ILO.