Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Repetition

Articles 3, 10 and 14 of the Convention. Regulation of private employment agencies. Controls and penalties. The Committee refers to its previous observations and asks the Government to indicate if the implementing decree has been approved so as to ensure that National Employment Directorate (DINAE) can effectively supervise the operation of companies that supply labour and also regulate services that are still provided by “former employment agencies”. The Committee invites the Government to describe the operation of adequate machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices relating to the activities of private employment agencies. The Committee reiterates that DINAE and other competent public authorities (such as the labour inspectorate) should have sufficient resources to take remedial action to ensure the application of the relevant national legislation.

Article 7. Exceptions. Should the exceptions provided for in Article 7(2) of the Convention be authorized, the Committee invites the Government to provide the relevant information and give the reasons for such authorization (Article 7(3)).

Article 8. Migrant workers. In reply to previous comments, the Government referred to Act No. 18250 of January 2008 concerning migration. The Committee invites the Government to provide further information in its next report on the manner in which penalties are imposed on agencies covered by the Convention which engage in fraudulent practices or abuses. It also requests the Government to include information on labour agreements outside the MERCOSUR area in relation to the matters covered by the Convention.

Article 13. Cooperation between public services and private agencies. Compilation and dissemination of information. The Government indicates that through the network of public employment centres (CePE) the profiles of applicants are sent to private employment agencies, the consent of the worker concerned being required in such cases. Agencies must send information on a quarterly basis. The Committee invites the Government to provide further information on the implementation in practice of cooperation between the public employment service and private employment agencies.

Parts IV and V of the report form. Protection of workers covered by the Convention. The Committee again invites the Government to communicate the text of any court decisions interpreting the national legislation concerning the rights of workers in relation to company decentralization (Act No. 18099 of 2007, as amended by Act No. 18251 of 2008) so as to be able to examine the manner in which protection is secured to workers covered by the Convention. It also invites the Government to provide up-to-date information on the number of workers protected by the Convention, the number and nature of reported infringements, and any other relevant information concerning the application of the Convention in practice.