Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the information provided in the Government’s report received in 2009 in reply to its direct request of 2005, as well as the documents attached thereto.

Article 2, paragraphs 4 and 5, of the Convention. Scope of application. Possible prohibitions. The Government indicates that the government authority grants authorization to private employment agencies for the following three activities: the linking of job applications and job offers; the provision of services to assist in the search for employment; and recruitment. The Committee notes that the decision to limit the authorization to the performance of certain activities is at the discretion of the administration and takes into account the validity of the case presented by the enterprise and the capacity of the enterprise to carry out the activities for which authorization is requested. The Committee requests the Government to indicate in its next report whether the administration has made use in practice of the possibility of limiting the authorization to the performance of certain activities by private employment agencies.

Article 7. Exceptions authorized to the principle of the non-payment by workers for the services provided by private employment agencies. The Committee notes that the Government has authorized exceptions for workers benefiting from a contract of employment abroad in accordance with Article 7, paragraph 2, of the Convention. Consequently, in accordance with paragraph 3, the Committee requests the Government to provide information on the exceptions authorized for employees benefiting from a contract of employment abroad, including practical information on any complaints, alleged abuses or fraudulent practices which may have resulted from these exceptions. Please include statistics and other information on the number of workers affected by these exceptions.

Article 8, paragraph 1. Protection of migrant workers. The Committee notes the copies of the bilateral immigration agreements concluded by the Government with the Governments of Italy, Spain and France concerning the rights and conditions of Moroccan migrant workers. The Committee requests the Government to provide information on the impact of the agreements concluded to protect workers recruited on its territory by private employment agencies.

Article 10. Investigation of complaints. The Government refers to the provisions of section 496 of the Labour Code, under which the user enterprise may resort to using employees from the temporary employment enterprise only after consultation with the representative organizations of the employees in the enterprise. These organizations are represented on the special committee created under section 496 of the Labour Code and are responsible for monitoring the proper application of the provisions relating to temporary enterprises. The Committee recalls that the competent authority shall ensure that adequate machinery and procedures are established for the investigation of complaints. The Committee requests the Government to provide information on the application of this provision in practice, including, in particular, extracts from the reports of the inspection services, as well as information on the number of workers covered by the Convention, the number and nature of violations reported and the manner in which they have been resolved, in accordance with Part V of the report form.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that, under section 484 of the Labour Code, private employment agencies which are authorized to operate shall transmit, at the end of each six-month period, to the services responsible for employment in the place in which they carry out their activities, detailed information on the services provided, including the full name, address, qualifications and occupation of the jobseekers registered and the full name of the jobseekers placed. The Committee notes that a model activity report for private employment agencies is in the process of being prepared by the Labour Department. These reports will then have to be sent to the services responsible for employment. The Committee requests the Government to provide information in its next report on the methods of cooperation between the public employment service and private employment agencies and to provide a copy of the model activity report for private employment agencies sent to the public employment services. Please also indicate what information provided by private employment agencies is made available to the public and at what intervals.