Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided in the Government’s report received in August 2004 in reply to its previous direct request. It notes in particular that a new Labour Code has been adopted and entered into force on 8 June 2004. The Committee requests the Government to provide additional information on the following points.

1. Scope of application. Possible prohibitions. The Government indicates that the authorization granted to private employment agencies may be limited to certain activities determined by the government authority responsible for labour matters (section 481(3) of the Labour Code). The Committee requests the Government to indicate any limitation or exclusion determined under section 481 of the Labour Code, with an indication of the reasons therefor (Article 2, paragraphs 4 and 5, of the Convention).

2. Exceptions authorized to the principle of the non-payment by workers for the services provided by private employment agencies. The Committee notes that costs may be charged to employees benefiting from contracts of employment abroad concluded by private employment agencies (section 489 of the Labour Code). It recalls that exceptions to the provisions of paragraph 1 may be authorized on condition that such exceptions are allowed "in the interest of the workers concerned" and "in respect of certain categories of workers, as well as specified types of services provided by private employment agencies". The Government is requested to indicate in its next report any exceptions authorized under section 489 of the Labour Code, and to provide information on these exceptions and indicate the reasons therefor (Article 7).

3. Article 8, paragraph 1. Protection of migrant workers. The Committee notes that the Government has signed bilateral agreements with certain countries concerning immigration. The Government is requested to indicate the content of agreements to secure adequate protection for migrant workers, especially those recruited on its territory and to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

4. Article 9. Prohibition of child labour. The Committee refers to the comments that it is making on the application of Conventions Nos. 138 and 182 and requests the Government to indicate the measures adopted to ensure that children are not, in practice, used or supplied by private employment agencies.

5. Article 10. Please describe the machinery and procedures established, involving as appropriate the most representative employers’ and workers’ organizations, for the investigation of complaints concerning the activities of private employment agencies.

6. Article 11. Please provide additional information on the measures taken, in accordance with national law and practice, to ensure adequate protection for the workers employed by private employment agencies in relation to minimum wages, work schedules, working time and other working conditions, statutory social security benefits, access to training, maternity protection and benefits, and parental protection and benefits (clauses (c), (d), (e), (f) and (j)).

7. Article 12. Please provide additional details on the manner in which responsibilities in the areas covered by Article 12 are allocated between private employment agencies and user enterprises.

8. Article 13. Please provide examples of the information which is supplied to the authorities responsible for employment by private employment agencies and supply extracts of statistical reports compiled on the basis of the information provided (paragraph 3). Please also indicate the means used to ensure the transmission of information concerning the activities of private employment agencies to the public, and specify the information that is made available and the intervals at which this is done (paragraph 4).

9. Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from inspection reports and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved.