ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report does not contain a response to the observations made on 31 May 2015 by the General and Autonomous Confederation of Workers in Algeria (CGATA) regarding the provisions of the draft Labour Code, referred to in the Committee’s previous comments. The Committee reiterates its request that the Government provide its comments in this respect.
Articles 1(1)(a) and (b), 2(4) and 3 of the Convention. Private employment agencies. Exclusions. Conditions governing the operation of private employment agencies. The Government reports that, as of May 2017, there were 29 certified private employment agencies (PEAs) operating in the country. The Committee notes the Government’s indication that, pursuant to the laws and regulations currently in force – Law No. 04-19 of 25 December 2004 on the Placement of Workers and Supervision of Work and Decree No. 07-123 of 24 April 2007 – PEAs are not authorized to mediate jobseekers abroad, to place foreign jobseekers in employment in Algeria, or to employ workers with a view to making them available to a third party. The Government states that, at present, PEAs are authorized only to provide services consisting of matching offers of and applications for employment, as contemplated in Article 1(1)(a) of the Convention. It notes that the draft Labour Code, on which the Government is consulting the social partners, will expand the scope of activities in which certified PEAs may engage, to include services to be offered by temporary work agencies (TWAs) in the sense of Article 1(1)(b) of the Convention, with a view to facilitating the employment of part-time and unemployed workers and enabling the user enterprise to meet temporary demands for labour. The Government adds that the draft Labour Code will also cover subcontracting activities with a view to combating informal work and illicit subcontracting activities. The Committee requests the Government to indicate whether private employment agencies operating in the country carry out placement activities. Noting that the Government has been pursuing the development of the draft Labour Code for a number of years, the Committee requests the Government to provide information on progress made in relation to the development and adoption of the draft Code, and to provide copies of the Code and its implementing regulation once adopted. In this regard, the Committee recalls that it may avail itself of technical assistance from the Office, should it so wish. The Committee further requests the Government to provide information on the provisions of the draft Labour Code mentioned in its report, concerning the certification of the activities of TWAs, the circumstances in which recourse may be made to their services, the status and rights of their employees, and the nature of the contract between the TWA and its employees.
Article 5(1). Non-discrimination. Referring to its previous comments, the Committee notes that the Government’s report does not contain information concerning concrete measures taken to ensure that PEAs do not subject workers to any of the types of discrimination covered by the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Recalling that it has been making comments for a number of years in relation to the need to take measures to ensure that PEAs do not engage in discrimination, the Committee reiterates its request that the Government provide detailed information on concrete measures taken to ensure that PEAs treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other form of discrimination prohibited under national law and practice.
Article 5(2). Special services and targeted programmes to assist the most disadvantaged workers. The Committee notes the Government’s indication that the cooperation agreement of 25 January 2012 between the National Employment Agency (ANEM) and certified PEAs focuses particularly on the placement of young persons and the long-term unemployed. The agreement stipulates that ANEM will provide technical support to these PEAs in relation to job placement activities, as well as training in career counselling and statistics. The Committee once again requests the Government to provide information on the manner and extent to which PEAs are engaged in the practical implementation of special services or targeted programmes to assist the most disadvantaged workers in their job-seeking activities (Article 5(2)).
Article 8. Protection of workers in a cross-border context. The Committee notes the Government’s indication that PEAs are not authorized to place foreign workers in Algeria. The Committee requests the Government to provide information on the measures adopted to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by PEAs, as well as on the penalties provided for under national laws or regulations in the event of fraud or abuse. The Government is further requested to provide information on consultations held with the representative organizations of employers and workers in this respect, as required by Article 8(1) of the Convention.
Article 9. Measures to prevent child labour. The Government reports that the draft Labour Code is expected to contain provisions prohibiting the use of child labour in TWAs and user enterprises. Recalling the comments it has been making for a number of years under the Worst Forms of Child Labour Convention, 1999 (No. 182), and the Minimum Age Convention, 1973 (No. 138), the Committee urges the Government to take measures to ensure without delay the adoption of protective measures ensuring that child labour is not used or supplied by PEAs.
Articles 10 and 14. Inspections and adequate complaint machineries and procedures. The Government reports that the labour inspection service and the employment administration are responsible for supervising the activities of PEAs, adding that the draft Labour Code, once adopted, will further strengthen controls and labour inspection capacity. Taking note of the types of abuses and fraudulent activities in which certain PEAs have engaged, as described in the Government’s report, the Committee reiterates its request that the Government provide information illustrating how the procedures currently in force ensure an effective examination of alleged abuses and fraudulent practices relating to the activities of PEAs, to indicate the nature and number of the complaints received, and the manner in which they have been resolved (Article 10). The Government is further requested to specify the remedies, including penalties, where appropriate, imposed in case of violations of the Convention (Article 14).
Articles 11 and 12. Ensuring adequate protection for workers. Allocation of responsibilities of PEAs and user enterprises. The Government indicates that the draft Labour Code, once adopted, will regulate the status and rights of employees of TWAs and establish the modalities of the contract between the TWAs and the user enterprise on the basis of which a worker may be made available to the user enterprise. The Committee requests the Government to indicate the manner in which the current legislation ensures adequate protection of the rights of workers employed by PEAs, in relation to all the rights set out in Article 11(a)–(j), of the Convention, as well as the manner in which it is envisaged that the draft Labour Code or other measures would ensure equivalent or increased protection. It requests the Government to indicate the measures taken to determine and allocate the responsibilities of TWAs and user enterprises in relation to each of the matters set out in Article 12(a)–(i).
Article 13. Effective cooperation between the public employment service and PEAs. In response to the Committee’s previous comments in relation to the cooperation agreement of 25 January 2012 between the ANEM and certified PEAs, the Government indicates that the nature of the information that PEAs must provide to ANEM and its frequency are regulated by executive decree. The Committee reiterates its request that the Government provide examples of the information submitted to the National Employment Agency by private employment agencies (Article 13(2)), as well as a copy of the abovementioned executive decree to the Office and that it specify the nature and frequency with which this information is made available to the public (Article 13(3)).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the General and Autonomous Confederation of Workers in Algeria (CGATA) in a communication received on 9 June 2015.
Articles 1(1)(b), 11, 12 and 13 of the Convention. Services provided by the agencies covered by the Convention. Allocation of responsibilities in relation to the protection of workers. Effective cooperation between the public employment services and private employment agencies. The CGATA indicates that, unlike Executive Decree No. 07-123 of 24 April 2007 that restricts, in its section 2, private employment agencies from placing workers in a user enterprise, the draft Labour Code authorizes such placements in the framework of temporary agency work (section 390). The CGATA also notes that in practice such placements occur within the framework of outsourcing agreements when enterprises conclude service agreements, thereby avoiding the provisions and obligations under Convention No. 181. The CGATA further indicates that the relevant legislation does not regulate the distribution of remuneration between workers and subcontractors, which may give rise to brokering, which is expressly forbidden under section 141 of the draft Labour Code, which defines brokering as: “any act performed by a natural or legal person with a view to placing a worker at the disposal of a third party in exchange for profit arising from the difference between the amount it receives from the third party for that purpose and the wages actually paid to the worker”. The CGATA also points out that the draft Labour Code reduces to five days the delay granted to employment agencies to satisfy the offer of employment which, given the delays observed in excess of the current 21-day period may lead to an increased number of abuses. The Government indicates in its report that approved private agencies which conclude an agreement with the National Employment Agency (ANEM) have to subscribe to model terms of reference, established by regulation. The Government adds that the agreements determine, among other matters, the territorial coverage and field of activity in which the beneficiaries of the agreement with the ANEM have to act, the obligations of the parties and the human and technical resources of the beneficiary agencies. The Committee requests the Government to indicate how the current and draft legislation avoids blurring temporary agency worker and subcontracted worker status and, more generally, how the draft legislation, once adopted, will ensure adequate protection for the workers of temporary employment agencies supplied to user enterprises. The Committee also once again requests the Government to provide specific examples of the information supplied to the ANEM by private employment agencies and to specify both the nature and frequency with which information is made available to the public. The Government is requested to provide information on the qualifications of jobseekers, the occupational sectors concerned and their geographical distribution, and on the nature and extent of support measures for finding employment.
Article 5(1). Measures to promote equality. The Government refers to the legislative texts and regulations setting out the principle of non-discrimination, and the bodies responsible for their enforcement. The Committee refers once again to the comments that it has been making for several years on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and recalls that certain grounds of discrimination, such as race, colour, religion and national extraction, are not covered by the current Labour Code. The Committee once again requests the Government to provide more detailed information on the measures taken to ensure that private employment agencies do not subject workers to any of the types of discrimination covered by the Convention.
Article 5(2). Special services to assist the most disadvantaged workers. The Committee reiterates the request made to the Government to provide information on the special services or targeted programmes designed by private employment agencies to assist the most disadvantaged workers in their jobseeking activities.
Article 8. Protection of migrant workers. The Government reiterates that approved private employment agencies are not authorized to place national jobseekers in work aboard or foreign jobseekers in work in Algeria. The Committee requests the Government to indicate the measures taken to ensure adequate protection and to prevent the abuse of migrant workers recruited to work in the country.
Article 10. Complaints. The Government indicates that all citizens may lodge a complaint concerning the activities of employment agencies with the wilaya employment directorates or the wilaya labour inspection services. The Committee once again requests the Government to provide information illustrating how the procedures in force result in the effective examination of alleged abuses and fraudulent practices relating to the activities of private employment agencies, with an indication of the nature and number of the complaints received, and the manner in which they have been resolved.
[The Government is asked to reply in full to the present comments in 2017.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Application of the Convention in practice. In reply to the previous direct request, the Committee notes the information provided by the Government in March and August 2014. The Government reiterates that the National Employment Agency (ANEM) receives quarterly statistics on employment supply and demand and the job placements carried out. A partnership agreement concluded on 25 January 2012 between the ANEM and approved private employment agencies specifies that the ANEM shall provide its technical support to these agencies, particularly in relation to the organization and management of placement activities, employment guidance training sessions and statistics. The Committee notes that 20 private employment agencies have been approved at the national level. The Committee invites the Government to provide examples of the information supplied to the ANEM by private employment agencies and to specify both the nature and frequency of the information made available to the public (Article 13(3)(4) of the Convention). In this respect, the Committee would like to examine information on the skills of jobseekers, the occupational sectors concerned and their geographical distribution, and on the nature and number of support measures for jobseekers.
Article 5(1). Measures to promote equality. The Government indicates that private employment agencies are required to subscribe to the model terms of reference which provide that administrations and institutions shall avoid in their activities any distinction, exclusion or preference based on discrimination, in accordance with the legislative provisions and regulations in force. With a view to ensuring equity and preserving the equality of opportunity of jobseekers, it is necessary to comply with the chronological order of their registration and the profile that is sought. The Committee refers once again to the comments that it has been making for several years on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and recalls that certain grounds of discrimination, such as race, colour, religion and national extraction, are not covered by the 1990 Labour Code. The Committee once again invites the Government to provide more specific information on the measures taken to ensure that private employment agencies do not subject workers to any of the forms of discrimination set out in the Convention.
Article 5(2). Special services to assist the most disadvantaged workers. The Committee once again invites the Government to provide information on the special services or targeted programmes designed by private employment agencies to assist the most disadvantaged workers in their jobseeking activities.
Article 8. Protection of migrant workers. The Committee notes that private employment agencies are not allowed to place Algerian workers abroad. The Government indicates that the ANEM is entrusted with examining any opportunities for the employment abroad of nationals wishing to emigrate. With the exception of the bilateral agreements concluded with France in 1968 and with Tunisia in 1963, Algeria has not concluded other bilateral agreements on the protection of migrant workers. The Committee once again invites the Government to indicate the measures taken to provide adequate protection and prevent abuses of migrant workers.
Article 10. Complaints. The Government indicates that no complaints of fraudulent practices concerning the activities of private employment agencies have been lodged with the employment services. The Committee invites the Government to provide information showing how the procedures in force enable the effective examination of alleged abuses and fraudulent practices concerning the activities of private employment agencies, with an indication of the number and nature of the complaints received, and their outcome.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2011 direct request, which read as follows:
Repetition
The Commission notes the detailed report for the period ending in December 2010, which was received in February 2011. The Government has sent a copy of Executive Decree No. 09-94 of 22 February 2009 determining the frequency and nature of the information and statistics sent to the National Employment Agency (ANEM) by employers, communes and authorized private employment agencies. Communes and private employment agencies are required to provide quarterly statistics on employment supply and demand and the job placements performed (Article 13 of the Convention). The Committee requests the Government to include in its next report examples of information supplied to the ANEM by private employment agencies and to state the information made available to the public as well as the intervals at which it is provided (Article 13(3)(4)). It also requests the Government to provide information on the manner in which cooperation is organized between the ANEM and the private employment agencies. It would also welcome receiving information on the qualifications of jobseekers, the occupational sectors concerned and their geographical distribution, and also on the nature and extent of measures supporting the search for employment (Parts III, IV and V of the report form). This information will clarify the respective roles of the ANEM and the private employment agencies, and also the segments of the labour market covered.
Measures to promote equality. In reply to the Committee’s previous comments, the Government refers to the terms of reference for private employment agencies. The Committee notes that private agencies must avoid in their activities any distinction, exclusion or preference based on discrimination, in accordance with the legislative and regulatory provisions in force and ensure equal treatment for all categories of persons who approach them in order to guarantee equality of opportunity. The Committee refers once again to the comments which it has been making for a number of years on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and recalls that discrimination on certain grounds, such as race, colour, religion or national extraction, is not covered by the Labour Code of 1990. The Committee requests the Government to supply further details of the measures taken to ensure that private employment agencies do not subject workers to any of the forms of discrimination referred to by Article 5(1) of the Convention.
Article 5(2). Special services to assist the most disadvantaged workers. The Committee requests the Government to provide information in its next report on the special services or targeted programmes designed by private employment agencies to assist the most disadvantaged workers in their jobseeking activities.
Article 8. Protection of migrant workers. The Government indicates that approved private employment agencies do not have any authority to place foreign workers in jobs in Algeria. The Committee again requests the Government to indicate the measures taken to provide adequate protection and prevent abuses of workers recruited in Algeria for working abroad. It also requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.
Article 10. Complaints. The Committee previously noted that authorization may be withdrawn in the event of failure to fulfil obligations arising from the laws and regulations (section 15 of Executive Decree No. 07-123). The supervision of private employment agencies is provided for by sections 29–32 of the same Executive Decree. The Committee requests the Government to include information in its next report showing how the procedures in force enable the effective investigation of alleged abuses and fraudulent practices concerning the activities of private employment agencies, specifying the number and nature of complaints received, and indicating how they were resolved.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Commission notes the detailed report for the period ending in December 2010, which was received in February 2011. The Government has sent a copy of Executive Decree No. 09-94 of 22 February 2009 determining the frequency and nature of the information and statistics sent to the National Employment Agency (ANEM) by employers, communes and authorized private employment agencies. Communes and private employment agencies are required to provide quarterly statistics on employment supply and demand and the job placements performed (Article 13 of the Convention). The Committee requests the Government to include in its next report examples of information supplied to the ANEM by private employment agencies and to state the information made available to the public as well as the intervals at which it is provided (Article 13(3)(4)). It also requests the Government to provide information on the manner in which cooperation is organized between the ANEM and the private employment agencies. It would also welcome receiving information on the qualifications of jobseekers, the occupational sectors concerned and their geographical distribution, and also on the nature and extent of measures supporting the search for employment (Parts III, IV and V of the report form). This information will clarify the respective roles of the ANEM and the private employment agencies, and also the segments of the labour market covered.
Measures to promote equality. In reply to the Committee’s previous comments, the Government refers to the terms of reference for private employment agencies. The Committee notes that private agencies must avoid in their activities any distinction, exclusion or preference based on discrimination, in accordance with the legislative and regulatory provisions in force and ensure equal treatment for all categories of persons who approach them in order to guarantee equality of opportunity. The Committee refers once again to the comments which it has been making for a number of years on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and recalls that discrimination on certain grounds, such as race, colour, religion or national extraction, is not covered by the Labour Code of 1990. The Committee requests the Government to supply further details of the measures taken to ensure that private employment agencies do not subject workers to any of the forms of discrimination referred to by Article 5(1) of the Convention.
Article 5(2). Special services to assist the most disadvantaged workers. The Committee requests the Government to provide information in its next report on the special services or targeted programmes designed by private employment agencies to assist the most disadvantaged workers in their jobseeking activities.
Article 8. Protection of migrant workers. The Government indicates that approved private employment agencies do not have any authority to place foreign workers in jobs in Algeria. The Committee again requests the Government to indicate the measures taken to provide adequate protection and prevent abuses of workers recruited in Algeria for working abroad. It also requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.
Article 10. Complaints. The Committee previously noted that authorization may be withdrawn in the event of failure to fulfil obligations arising from the laws and regulations (section 15 of Executive Decree No. 07-123). The supervision of private employment agencies is provided for by sections 29–32 of the same Executive Decree. The Committee requests the Government to include information in its next report showing how the procedures in force enable the effective investigation of alleged abuses and fraudulent practices concerning the activities of private employment agencies, specifying the number and nature of complaints received, and indicating how they were resolved.
[The Government is requested to reply in detail to the present comments in 2013.]

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2008 direct request, which read as follows:

The Committee notes the Government’s first report on the application of the Convention received in July 2008. It notes the provisions of Act No. 04-19 of 25 December 2004 on the placement of workers and the supervision of employment, and those of Executive Decree No. 07-123 of 24 April 2007 determining the conditions and procedures for granting and withdrawing certification of private employment agencies and laying down the model terms of reference for the performance of the public employment service. It invites the Government to provide updated information in its next report on the manner in which the Convention is applied in practice, including extracts from relevant court decisions and extracts from activity reports of private employment and inspection agencies, as well as statistical information on the number of workers placed by private employment agencies (Parts III, IV and V of the report form).

1. Article 5(1) of the Convention. Measures to promote equality. The Committee notes the provisions of the model terms of reference which indicate in section 11 that administrations and agencies should avoid, in their activities, any distinction, exclusion or preference based on discrimination, in accordance with the legislative provisions in force. In this respect, they ensure equal treatment for all categories of people who approach them and avoid, directly or indirectly, any preferential treatment. The periodic supervision of the competent state services, in particular those under the Ministry of Employment and the General Labour Inspectorate, is required to ensure respect for equality of opportunity of jobseekers in access to employment (section 29 of Executive Decree No. 07-123). The Committee refers to the comments it has been making for several years on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and recalls that certain grounds for discrimination, such as race, colour, religion and national extraction, were not covered by the 1990 Labour Code. It invites the Government to indicate in its next report the measures taken to ensure that private employment agencies do not subject workers to any of the forms of discrimination referred to in this provision of Convention No. 181.

2. Article 5(2). Special services to assist the most disadvantaged workers. The Committee invites the Government to provide information in its next report on the special services or targeted programmes designed by private employment agencies to assist the most disadvantaged workers in their jobseeking activities.

3. Article 8. Protection of migrant workers. The Committee notes the provisions prohibiting private employment agencies from placing national jobseekers abroad or the foreign labour force in Algeria (section 2 of Executive Decree No. 07-123 of 24 April 2007). In its 2007 direct request on the application of the Migration for Employment Convention (Revised), 1949 (No. 97), the Committee had emphasized the growing role of private agencies in the international migration process and the risk of repercussions on the recruitment, placement and conditions of labour of migrants. The Committee requests the Government to provide detailed information in its next report on Convention No. 181 on the measures taken to provide adequate protection and to prevent abuses of migrant workers recruited or placed in Algeria. In this regard, the Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration was published by the ILO, which includes non-binding principles and guidelines for a rights-based approach to labour migration. It also requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

4. Article 10. Complaints. The Committee notes that certification may be withdrawn in the event of a failure to fulfil obligations arising from the laws and regulations (section 15 of Executive Decree No. 07-123). The supervision of private employment agencies is provided for by sections 29–32 of the same Executive Decree. The Committee requests the Government to include, in its next report, information showing how the procedures in force enable an effective investigation of alleged abuses and fraudulent practices concerning the activities of private employment agencies, specifying the type and volume of complaints received, and indicating on how they were resolved.

5. Article 13. Cooperation between the public employment service and private employment agencies. The Committee recalls that Algeria has ratified the Employment Service Convention, 1948 (No. 88), and the Employment Policy Convention, 1964 (No. 122), and that, under Convention No. 181, the public authorities retain final authority for formulating labour market policy (Article 13(2)). It hopes that in its next report the Government will give an account of the measures taken to promote cooperation between the National Employment Agency and private employment agencies (Article 13(1)). Please also supply examples of the information provided to ANEM by private employment agencies and specify the information that is made publicly available and the intervals at which this is done (Article 13(3) and (4)).

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 July 2008. It notes the provisions of Act No. 04-19 of 25 December 2004 on the placement of workers and the supervision of employment, and those of Executive Decree No. 07-123 of 24 April 2007 determining the conditions and procedures for granting and withdrawing certification of private employment agencies and laying down the model terms of reference for the performance of the public employment service. It invites the Government to provide updated information in its next report on the manner in which the Convention is applied in practice, including extracts from relevant court decisions and extracts from activity reports of private employment and inspection agencies, as well as statistical information on the number of workers placed by private employment agencies (Parts III, IV and V of the report form).

1. Article 5, paragraph 1, of the Convention. Measures to promote equality. The Committee notes the provisions of the model terms of reference which indicate in section 11 that administrations and agencies should avoid, in their activities, any distinction, exclusion or preference based on discrimination, in accordance with the legislative provisions in force. In this respect, they ensure equal treatment for all categories of people who approach them and avoid, directly or indirectly, any preferential treatment. The periodic supervision of the competent state services, in particular those under the Ministry of Employment and the General Labour Inspectorate, is required to ensure respect for equality of opportunity of jobseekers in access to employment (section 29 of Executive Decree No. 07-123). The Committee refers to the comments it has been making for several years on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and recalls that certain grounds for discrimination, such as race, colour, religion and national extraction, were not covered by the 1990 Labour Code. It invites the Government to indicate in its next report the measures taken to ensure that private employment agencies do not subject workers to any of the forms of discrimination referred to in this provision of Convention No. 181.

2. Article 5, paragraph 2. Special services to assist the most disadvantaged workers. The Committee invites the Government to provide information in its next report on the special services or targeted programmes designed by private employment agencies to assist the most disadvantaged workers in their jobseeking activities.

3. Article 8. Protection of migrant workers. The Committee notes the provisions prohibiting private employment agencies from placing national jobseekers abroad or the foreign labour force in Algeria (section 2 of Executive Decree No. 07-123 of 24 April 2007). In its 2007 direct request on the application of the Migration for Employment Convention (Revised), 1949 (No. 97), the Committee had emphasized the growing role of private agencies in the international migration process and the risk of repercussions on the recruitment, placement and conditions of labour of migrants. The Committee requests the Government to provide detailed information in its next report on Convention No. 181 on the measures taken to provide adequate protection and to prevent abuses of migrant workers recruited or placed in Algeria. In this regard, the Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration was published by the ILO, which includes non-binding principles and guidelines for a rights-based approach to labour migration. It also requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

4. Article 10. Complaints. The Committee notes that certification may be withdrawn in the event of a failure to fulfil obligations arising from the laws and regulations (section 15 of Executive Decree No. 07-123). The supervision of private employment agencies is provided for by sections 29 to 32 of the same Executive Decree. The Committee requests the Government to include, in its next report, information showing how the procedures in force enable an effective investigation of alleged abuses and fraudulent practices concerning the activities of private employment agencies, specifying the type and volume of complaints received, and indicating on how they were resolved.

5. Article 13. Cooperation between the public employment service and private employment agencies. The Committee recalls that Algeria has ratified the Employment Service Convention, 1948 (No. 88), and the Employment Policy Convention, 1964 (No. 122), and that, under Convention No. 181, the public authorities retain final authority for formulating labour market policy (Article 13, paragraph 2). It hopes that in its next report the Government will give an account of the measures taken to promote cooperation between the National Employment Agency and private employment agencies (Article 13, paragraph 1). Please also supply examples of the information provided to ANEM by private employment agencies and specify the information that is made publicly available and the intervals at which this is done (Article 13, paragraphs 3 and 4).

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer