Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Rwanda (Ratification: 2018)

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Articles 1, paragraph (1), subparagraphs (a) and (b), and 3 of the Convention. Services consisting of matching offers of and applications for employment as well as employing workers with a view to making them available to a third party. Legal status of private employment agencies. The Committee welcomes the Government’s first report on the application of the Convention. In particular, it notes the information provided on the legal framework governing private employment agencies (“PEAs”), notably section 115 of Law n° 66/2018 of 30/08/2018 regulating labour in Rwanda (“the 2018 Law”). The Government indicates that an Order of the Minister in charge of labour is to be adopted pursuant to section 115 of the 2018 Law to determine the modalities for the establishment and functioning of PEAs. The Committee nevertheless notes the Government’s indication that the Order is still in the drafting and consultation process and that, therefore, the implementation of the Convention is not yet possible. In this context, the Committee notes that, according to section 3.2.2.1 of the National Skills Development and Employment Promotion Strategy 2019–2024, social enterprises and upskilling providers are described as private employment service providers who, in addition to PEAs, offer services matching jobseekers to employment opportunities. The Government’s report does not clarify whether these entities are also governed by section 115 of the 2018 Law. The Committee further notes that section 23 of the 2018 Law regulates subcontracting, which provides that a subcontract occurs when an employer assigns the performance of part of the work or services to be performed to another employer. The 2018 Law does not clearly specify whether its section 115 regulates this activity. The Committee requests the Government to keep the Office informed of the status of the development and adoption of the implementing Order and to provide a copy as soon as it becomes available. The Government is also requested to communicate detailed updated information concerning other developments in regard to labour legislation with a bearing on the implementation of the Convention, as well as to indicate whether the most representative organizations of employers and workers have been consulted with respect to legislation and other measures taken to give effect to the provisions of the Convention. Furthermore, it requests the Government to indicate whether the activities of social enterprises and upskilling providers that provide employment services are regulated under section 115 of the 2018 Law (Articles 1 and 3 of the Convention). Finally, the Committee requests the Government to clarify whether subcontracting services are regulated by section 115(2) of the 2018 Law.

Article 4. Freedom of association and collective bargaining. The Committee notes that the general right to form associations of social partners and to bargain collectively is protected by section 10 of the Rwandan Constitution as well as by the 2018 Law. Noting that the Government does not provide information in respect of the situation of workers in triangular employment relationships, the Committee requests the Government to indicate the manner in which it is ensured that workers recruited by PEAs and made available to user enterprises within the meaning of Article 1, paragraph (1), subparagraph (b), of the Convention are able to fully exercise their freedom of association and collective bargaining rights.

Article 5. Protection against discrimination and special services or targeted programs to assist disadvantaged workers. The Committee notes the Government’s indication that, pursuant to section 9 of the 2018 Law, employers are prohibited from discriminating against employees on the basis of ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural difference, language, physical or mental disability or any other form of discrimination. Noting that private employment agencies which provide job matching services within the meaning of Article 1, paragraph (1), subparagraph (a), of the Convention are not direct employers, the Committee requests the Government to provide detailed updated information with respect to the measures taken to ensure that a private employment agency, which provides job matching service without entering into an employment relationship with the jobseeker does not treat these clients in a discriminatory manner. It also requests the Government to provide detailed updated information regarding the nature, scope and impact of special services or targeted programmes provided by private employment agencies that are designed to assist the most disadvantaged workers in their jobseeking activities, as envisaged in Article 5.

Article 6. Processing of jobseekers’ personal data. The Committee notes the Government’s indication that an Order of the Minister will determine the measures for the protection of the personal data of workers who use the services of PEAs. Noting that the Government has not provided information in relation to the application of this Article of the Convention, the Committee requests the Government to provide detailed information on the nature, scope and impact of measures taken to ensure that the processing of the personal data of workers by private employment agencies is done in a manner that protects this data and ensures respect for the workers’ privacy. In this regard, the Committee draws the Government’s attention to the guidance provided by the 1997 ILO Code of Practice on the Protection of Workers’ Personal Data, as well as to ILO Working paper no. 62 (2022) on the “Protection of workers’ personal data: General principles.”

Article 7. Prohibition of fee-charging. The Government indicates that no exceptions have been authorized in respect to Article 7(1) of the Convention. The Committee nevertheless notes that the Government does not provide information on the manner in which the prohibition against PEAs charging fees or costs to workers using their services is expressed in national law or practice. The Committee therefore requests the Government to indicate the manner in which effect is given to paragraph 1 of Article 7.

Article 8. Adequate protection for and prevention of abuses of migrant workers recruited or placed in its territory. The Committee notes that, in addition to the Order to be adopted pursuant to section 115 of the 2018 Law, the Minister in charge of labour is to issue an Order regulating the employment of foreign employees in Rwanda (section 12 of the 2018 Law). The Committee notes that the Revised National Employment Policy for Rwanda, adopted in 2019, in its policy area 5 on mobility and labour migration, calls for measures to strengthen the capacity of private and public employment agencies to meet labour migration needs, as well as for measures to strengthen the regulation of PEAs engaged in the recruitment of foreign migrant labour and emigrant labour. The Committee nevertheless notes that the Government provides no information on the manner in which Rwandese workers mediated by PEAs to work abroad are protected from fraudulent practices and abuses. The Committee therefore requests the Government to indicate the measures envisaged to give effect to this Article of the Convention. The Government is also requested to provide information on consultations held with the social partners in this respect, and to keep the Committee apprised of progress made in the development and adoption of the Ministerial Order envisaged under section 12 of the 2018 Law. In addition, the Committee further requests the Government to indicate, where applicable, the bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and to provide copies of such agreements.

Article 9. Measures to ensure that child labour is not used or supplied. The Committee notes the Government’s indication that child labour is prohibited in Rwanda under section 6 of the 2018 Law. The Government adds that the prohibition of child labour will also be determined in the Ministerial Order determining the modalities for the establishment and functioning of PEAs. Noting that the Government has not provided concrete information on this point, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that child labor is not used or supplied by PEAs, as well as to keep the Committee informed of progress made in the development and adoption of the Ministerial Order in question.

Article 10. Adequate machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices.Noting that the Government does not provide concrete information on the manner in which effect is given to Article 10 of the Convention, referring instead to the development of a Ministerial Order determining the machinery and procedures for the investigation of complaints concerning the activities of PEAs, the Committee requests the Government to provide concrete and detailed information on the content and scope of measures taken or envisaged in this respect.

Article 12. Adequate protection and allocation of responsibilities in triangular employment relationships. Noting that the Government has not provided information on the measures taken or envisaged to ensure adequate protection for workers employed by private employment agencies who are made available to user enterprises, within the meaning of Article 1, paragraph 1, subparagraph (b), the Committee requests the Government to provide detailed information on the manner in which responsibilities are allocated between private employment agencies and user enterprises as required by Article 12.

Article 13. Cooperation between the public employment service and PEAs. The Committee notes that policy area 7 of the 2019 Revised National Employment Policy calls for the development of innovative ways of promoting cooperation between the public employment service and PEAs with the aim of enhancing the services provided to jobseekers and employers. In this respect, the Committee notes the recommendations made in ILO Working paper No. 232 of 2017 on the Assessment of public employment services and active labour market policies in Rwanda. In particular, the Committee notes the recommendation concerning the establishment of a conducive legal framework to support cooperation and collaboration between the public employment service and PEAs. In addition, recommendation No. 2.2 asks the Government to consider ratification of both the Employment Services Convention, 1948 (No. 88), and Convention No. 181. Noting that public employment services can play a critical role in improving labour market efficiency and achieving the goals of the National Employment Policy, and recalling the campaign launched by the Office in May 2022 to promote the ratification of both Convention No. 88 and No. 181, the Committee invites the Government to consider ratifying Convention No. 88, as the most up-to-date instrument in the area of public employment services, which in turn complements the effective implementation of Convention No. 181. In addition, the Committee requests the Government to provide information on consultations with the social partners on measures taken or envisaged to promote cooperation and collaboration between the public employment service and private employment agencies. It further requests the Government to indicate the competent authorities to which this provision refers and provide examples of the information provided to them by the private employment agencies. Finally, it requests the Government to specify the information that is made publicly available and the intervals at which this is done.

Article 14 and parts IV and V of the report form. Implementation, supervision and remedies in case of violations. The Committee notes that section 120 of the 2018 Law refers to the functions of the labour inspection, whereas chapter XII of the 2018 Law provides for general penalties in the event of violations of its provisions. The Committee requests the Government to provide concrete information on how the supervision of the implementation of provisions to give effect to this Convention is ensured by the labour inspection service or other competent public authorities.