Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Part III of the Convention. The Committee notes with interest the information supplied by the Government in its reports received in 1994 and 1995, and in particular the adoption of Act No. 95-15 of 12 January 1995 issuing the Labour Code. It also notes from the report supplied in 1995 that the administrative regulations implementing the Act of 12 January 1995 are under preparation. The Committee would be grateful if the Government would communicate the texts of these administrative regulations as soon as they are adopted. Furthermore, it requests the Government to supply in its next report information on the following points:

Article 10 of the Convention. 1. The Committee notes that Decree No. 92-89 of 17 February 1992 on fee-charging employment agencies stipulates authorization by the Minister responsible for employment or labour to open such an agency (sections 4 and 5 of the Decree). In this respect, it wishes to recall the provision of Article 10, paragraph (b), of the Convention under which fee-charging employment agencies "shall be required to be in possession of a yearly licence renewable at the discretion of the competent authority". The Committee requests the Government to indicate in its next report the measures taken to fully apply this provision of the Convention.

2. The Committee notes that temporary or interim work enterprises are excluded from the scope of Decree No. 92-89 (section 2(a)). It wishes to draw the Government's attention to the fact that such enterprises are deemed to fall within the definition of fee-charging employment agencies given in Article 1, paragraph 1(a), of the Convention ("any person, company, institution, agency or other organization which acts as an intermediary for the purpose of procuring employment for a worker or supplying a worker for an employer with a view to deriving either directly or indirectly any pecuniary or other material advantage from either employer or worker"). In this respect, the Committee refers to the memorandum addressed by the ILO to the Swedish Government (Official Bulletin, Vol. LXIX, No. 3, July 1966, which is the basis for its "jurisprudence" on the subject. It requests the Government to indicate in its next report the measures taken to regulate the activity of these enterprises in accordance with Article 10 of the Convention.

Article 11. The Committee notes that fee-charging employment agencies not conducted with a view to profit are excluded from the scope of Decree No. 92-89. The Government indicates in its 1994 report that the activities of these agencies "are strictly forbidden". The Committee would be grateful if the Government would indicate, in its next report, the national provision prohibiting the activities of such agencies.

Article 12. Please indicate whether there are at present any non-fee-charging employment agencies and, if there are, what measures are taken to ensure that their services are gratuitous.

Article 14. The Government indicates in its 1995 report that administrative difficulties have made it impossible to collect the information concerning regulation of fee-charging employment agencies. The Committee hopes that, in its next report, the Government will be able to provide all the information necessary on the measures taken to regulate the operations of these agencies as required by this Article of the Convention. Please also provide general indications on how the Convention is applied by giving, for example, extracts from official reports, information on the number and nature of offences recorded and any other information relating to the practical application of the Convention in accordance with point V of the report form.