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Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 29) sur le travail forcé, 1930 - Qatar (Ratification: 1998)

Autre commentaire sur C029

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Articles 1(1), and 2(1) of the Convention. Freedom of public officials to leave their service. The Committee previously noted that pursuant to sections 161 and 162 of Law No. 8 of 2009 on Human Resources Management, civil servants may submit a request for resignation, which must be approved within 30 days. However, the approval may be postponed for a similar period of 30 days and the civil servant shall continue to work. The Government previously stated in this respect that these provisions are inherent to the nature of the civil service, and aim at ensuring continued operation of the service.
The Committee once again recalls that the effect of statutory provisions preventing termination of employment of indefinite duration 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. The Committee requests the Government to indicate whether, for reasons related to the interests of the service, the approval of the resignation may be postponed for various periods or only for two periods of 30 days. Please provide information on the application in practice of sections 161 and 162, indicating the number of cases in which such resignations were refused, the grounds for refusal and the total period during which the resignations were refused.
[The Government is asked to reply in detail to the present comments in 2015.]
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