Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes with interest the information contained in the Government’s report received in September 2005. The Government indicates that, after consulting the social partners, it adopted Act No. 100-XVI of 27 May 2005 amending the provisions respecting private employment agencies: section 10(4) prohibits private employment agencies from offering their services to young persons, in accordance with the request made by the Committee in its previous comment (Article 9 of the Convention). It also notes that 11 permits were withdrawn in 2004, following investigations carried out as a result of complaints. It hopes that in its next report the Government will continue to provide information on the investigation of the activities of private employment agencies (Article 10) and on collaboration between the National Employment Agency and private employment agencies (Article 13). It requests the Government to provide additional information on the following points.

2. Equality of opportunity and treatment for women and ethnic minorities. The Committee notes that private employment agencies do not offer special services or targeted programmes designed to assist the most disadvantaged workers in their jobseeking activities (Article 5, paragraph 2). It also notes the provisions intended to guarantee equality and prohibit discrimination in employment. It recalls that, under Article 5, paragraph 1, of the Convention, measures also have to be taken to promote equality of opportunity and treatment for workers in the activities of private employment agencies. In this respect, the Committee wishes to refer to the comments that it is making on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), particularly with regard to women jobseekers and ethnic minorities. The Committee requests the Government to indicate the measures envisaged to ensure equality of opportunity and treatment for workers in the activities of private employment agencies, particularly for women and ethnic minorities (Article 5, paragraph 1).

3. Exceptions authorized. The Committee notes the Government’s statement that it was to commence consultations with the social partners during the second half of 2005 and to decide upon the provisions of employment services in and outside the country which could constitute exceptions under Article 7, paragraph 2, of the Convention. The Government adds that, once a decision has been taken, it will inform the ILO so that it can avail itself clearly of the provisions of Article 7, paragraphs 2 and 3, of the Convention. The Committee once again draws the Government’s attention to the nature of Article 7, paragraph 2, as an exception to the principle of the provision of free services by employment agencies, as established in Article 7, paragraph 1. It therefore requests the Government to provide precise information in its next report on any exceptions authorized under Article 7, paragraph 2, with an indication of the employers’ and workers’ organizations consulted, the interest of the workers concerned and the reasons for such exceptions.

4. Protection of migrant workers. The Committee notes the information provided concerning the bilateral agreements for the protection of migrant workers concluded with certain European and neighbouring countries. It requests the Government to continue providing information on the bilateral agreements concluded to prevent abuse and fraudulent practices in recruitment, placement and employment and to keep it informed of any new legislative developments for the protection of migrant workers recruited on its territory by private employment agencies (Article 8).

5. Rights of workers employed by a private employment agency. The Government indicates in its report that the national legislation guarantees to all workers, including those employed by a private employment agency, the rights set out in Article 11 of the Convention. The Committee requests the Government to specify the provisions guaranteeing adequate protection for the workers employed by a private employment agency in the fields of social security (Article 11(e)), compensation in case of occupational accidents or diseases (Article 11(h)) and compensation in case of insolvency and the protection of workers claims (Article 11(i)).

6. Allocation of responsibilities between private employment agencies and user enterprises. The Committee notes that the allocation of the reciprocal responsibilities and obligations of the parties has been determined by the Entrepreneurship Act and other legal texts. It requests the Government to specify in its next report the manner in which the legislative texts referred to by the Government in its report have allocated the respective responsibilities of private employment agencies and user enterprises in each of the areas covered by Article 12 of the Convention.