Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Part III of the Convention. Regulation of fee-charging employment agencies. In reply to the observation of 2006, the Government indicates in a report received in June 2010 that the activities of temporary work enterprises can in fact be deemed equivalent to those of a fee-charging employment agency, since they are also conducted with a view to profit. The Government indicates, however, that the promulgation of two different decrees, one concerning fee-charging employment agencies (No. 96-193 of 7 March 1996) and the other concerning temporary work (No. 96-194 of 7 March 1996), stems from the fact that, in the case of fee-charging employment agencies, the employment relationship ceases once the worker has been made available to the employer whereas, in the case of temporary work enterprises, the employment relationship may continue for up to six months. Under these circumstances, the Committee notes the Government’s statement to the effect that it does not consider the ratification of the Private Employment Agencies Convention, 1997 (No. 181), to be necessary. The Committee notes that, in 2008, a total of 37 approved employment agencies, 27 of which deal with temporary work and ten with placements subject to payment, received 2,519 requests for employment and actually placed 226 jobseekers in companies. In reply to the previous comments, the Government indicates that the renewal of the operating licence takes place on an annual basis and occurs on presentation of the statistics concerning job offers and requests and placements of jobseekers. The Government also indicates that, at the opening of a temporary work enterprise, the licence costs 250,000 CFA francs (XOF) and its renewal costs XOF200,000 per year and, for fee-charging employment agencies, the licence costs XOF200,000 and its renewal costs XOF100,000 per year. The Government states that there is no competition between fee-charging employment agencies and the Agency for Employment Research and Promotion (AGEPE) but that certain placement agencies do not supply statistics because they work within the informal economy after obtaining the initial licence. The Government states that, in such cases, licences will not be renewed because one of the conditions for the renewal of licences is the production of statistics. However, the Government indicates that the controls exercised by the AGEPE are minimal and that, since the liberalization of the activities of employment agencies, just one office has been closed for failing to adhere to its stated objectives. The Committee requests the Government to continue to supply information on the steps taken to ensure regular controls on the activities of fee-charging employment agencies. It recalls that Article 13 of the Convention states that appropriate penalties, including the withdrawal when necessary of the licences and authorizations provided for by the Convention, shall be prescribed for any violation of the relevant national legislation. The Committee also requests the Government to continue to supply general information on the manner in which the Convention is applied, including, for instance, extracts from official reports, information on the number and nature of infringements reported, and any other particulars relating to the practical application of the Convention.