Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report on the application of the Convention received in September 2006. It notes the provisions of the Act of 24 July 1987 on temporary and contract work and the hiring of workers by users, and the collective labour agreements which give effect to the Convention. It notes the very full information provided by the authorities of the Brussels-Capital, Flanders and Wallonia regions on the implementation of the Convention. It hopes that the next report will contain updated information on the manner in which the Convention is applied, including extracts from relevant court rulings, extracts from the activity reports of private employment agencies and the labour inspectorate, together with statistical data on the number of workers registered with private employment agencies.

1. Article 2, paragraph 4, of the Convention. Prohibitions and exclusions. The Committee notes that the authorities have not availed themselves of the exclusions authorized by this provision of the Convention. Although this possibility is provided for in the Decree of 13 April 1999 applicable to the Flanders region, the Government of Flanders has not yet invoked the provisions for prohibiting certain activities or excluding certain activities from the scope of the Convention. The Government of Wallonia indicates that it may exclude certain categories of workers based on the structure of the national market, the development of specific sectors or the matching of labour supply and demand. The Committee hopes that if the authorities make use of any prohibitions or exclusions, the reports under article 22 of the Constitution will provide the information required by paragraph 4.

2. Article 5, paragraph 2. Special services to assist the most disadvantaged workers. The Committee hopes that the next report will contain information on special services or programmes specifically designed by private employment agencies to assist the most disadvantaged workers, including women and ethnic minorities, in their jobseeking activities.

3. Article 7, paragraph 3. Authorization of exceptions to the principle of not charging workers any fees for the services provided by private employment agencies. The Committee notes that the authorities may determine, in the interest of the workers concerned or with a view to improving the matching of labour supply and demand, and following an opinion by the Economic and Social Council of the region or community, the categories of workers and services for which the private employment agency may charge a fee to the worker. It hopes that the next report will contain updated information on the exceptions already authorized for the placement of remunerated sports persons and performing artists, and that if any other use is made of this exception, reports under article 22 of the Constitution will contain the relevant information.

4. Article 8. Measures to provide adequate protection for workers and prevent abuses and fraudulent practices in respect of recruitment, placement and employment. The Committee requests the Government to provide information on the impact of the measures taken to provide adequate protection for and to prevent abuses of migrant workers recruited or placed by private employment agencies. Please also indicate whether bilateral agreements are envisaged, particularly with countries that are not members of the European Union, with a view to protecting migrant workers in relation to their recruitment, placement and employment.