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Private Employment Agencies Convention, 1997 (No. 181) - Ethiopia (RATIFICATION: 1999)

Other comments on C181

Observation

Direct Request

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Article 6 of the Convention. Protection of personal data. The Government indicates in its report received in October 2013 that migrant workers’ personal information is well protected in practice and provides information on the security features of the database system. The Government indicates that the directive supplementing the implementation of the Employment Exchange Services Proclamation No. 632/2009 will be provided to the Committee once it is translated into English. The Committee therefore invites the Government to provide a copy of the directive when submitting its next report.

Article 7. Fee charging. The Government indicates that it is unlawful for a private employment agency to charge a worker payment in cash or in kind other than provided for in section 15(2) of the Employment Exchange Services Proclamation (section 25(1)(b) of the Proclamation). The Government states that the provision is enforced through inspection (section 35 of the Proclamation) and through the use of complaints. It adds that section 15(1) and (2) of the Proclamation clearly distinguishes costs to be covered by the employer and worker and that these provisions are applied in practice. As to the cost of training and skills testing, the Government indicates that it is not yet applied in practice. The Committee invites the Government to provide further information on the application of these provisions of the Employment Exchange Services Proclamation in practice, including information on the costs of training and skills testing.

Article 8. Protection of migrant workers. The Government indicates that employment contracts of Ethiopian migrant workers are being approved in accordance with the Employment Exchange Services Proclamation. It adds that necessary inspections are carried out to ensure that rights, safety and dignity of workers going abroad for employment are respected. The Committee notes from the report that, with regard to the application of section 598 of the Criminal Code, which concerns the unlawful sending of Ethiopians to work abroad, there are continued efforts to make progress in investigating human trafficking cases and bringing them to trial. The Government indicates that three bilateral labour agreements were concluded – with Kuwait, Jordan and Qatar – to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad. The Committee again invites the Government to provide copies of court cases relating to the application of section 598 of the Criminal Code to abusive recruiters. It also asks the Government to provide further information on the application of bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad.

Article 9. Child labour. The Government refers to section 25(1) of the Employment Exchange Services Proclamation which strictly prohibits the deployment of a person under the age of 18 to work abroad. It states that no official report have been received with regard to the recruitment of Ethiopian migrant workers below the age of 18. The Committee invites the Government to provide updated information on the measures taken to ensure that child labour is not used or supplied by private employment agencies.

Articles 11 and 12. Allocation of responsibilities in regard to the protection of workers. The Government indicates that employment services provided by private employment agencies are a relatively new phenomenon in Ethiopia. It adds that common understanding among stakeholders, particularly among social partners, is created towards setting a specific system and procedures though which responsibilities are allocated between private employment agencies and user enterprises so as to protect the rights of workers. With respect to migrant workers, the Government reports that, in regards to section 16(2)(l) of the Employment Exchange Services Proclamation, two major occupations (domestic services and caregiving) were identified and the corresponding Occupational Standards and training curriculum developed. Government and private employment agencies are collaborating to promote the skills training programme. With respect to section 20(1) and (2) of the Proclamation, efforts to ensure that the minimum working conditions set in the employment contract are respected in receiving countries are ongoing through concrete measures, such as periodic status reports of Ethiopian migrant workers, concluding bilateral labour agreements and increasing supervision efforts in receiving countries. The Government reports that it remains challenging to protect the rights of Ethiopian migrant workers, particularly domestic workers, as stipulated in legislation. The Committee invites the Government to provide detailed information on the impact of the measures taken – specific system and procedures – to ensure protection for workers, in particular migrant workers, in relation to each of the areas covered by Article 11 of the Convention and to allocate responsibilities between private employment agencies and user enterprises (Article 12). Referring to its previous comments, the Committee also invites the Government to provide information on the practical application of sections 22 and 23 of the Employment Exchange Services Proclamation.

Article 13. Cooperation between the public employment service and private employment agencies. The Government reports that training and technical support aimed at capacity building is provided to private employment agencies. Employment and labour market information is shared between the public employment service and private employment agencies to ensure the complementarity of their services. The Government also indicates that the public employment service and private employment agencies hold periodic consultations to review achievements, identify challenges and lessons learned. The Committee invites the Government to provide further information on the consultations held between the public employment service and private employment agencies. The Committee also invites the Government to provide extracts of the information provided to the Ministry of Labour and Social Affairs by the private employment agencies and to specify the information that is made publicly available annually (Article 13(3) and (4)).

Articles 10 and 14 and Part V of the report form. Complaint procedures, supervision by the competent authorities and statistics. The Government reports that the type of complaints received concern, among others, non-payment of agreed wages, lack of communication with families, harassment (physical and sexual), and death. The Government adds that the total number of complaints received in 2012–13 was about 4,114, of which 86 per cent were settled through conciliation, while the remaining 14 per cent were pending cases. The number of workers covered by the Convention was 182,283 in 2012–13. The Committee invites the Government to provide updated information on the type and volume of complaints received, how they are resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as on the remedies, including penalties, provided for and effectively applied in case of violations of this Convention.