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Repetition Articles 2(4) and (5) and 3 of the Convention. Prohibitions and exclusions. Legal status and conditions governing the operation of private employment agencies. In its report received in November 2018, the Government indicates that overseas employment of Ethiopians has been prohibited since 2013, pending the establishment of an appropriate legal framework and governance structure for the protection of Ethiopian workers migrating abroad. The Government reports that, with respect to the revision of the Employment Exchange Services Proclamation No. 632/2009, a new proclamation was adopted in 2016: the Overseas Employment Proclamation No. 923/2016. The Committee notes that the 2016 Proclamation explicitly provides that it replaces the 2009 Proclamation. The Government adds that Proclamation No. 923/2016 has not yet been implemented and its corresponding directive is being developed. The Committee notes the Government’s indication that, with the adoption of the 2016 Proclamation, preparations are under way to lift the ban on Ethiopian overseas employment. The Committee requests the Government to communicate detailed updated information on the legal status of private employment agencies pending and following the lifting of the ban, as well as on the manner in which their conditions of operation are governed, as required by Article 3 of the Convention. The Committee further requests the Government to provide information on the implementation of the Overseas Employment Proclamation No. 923/2016 in practice, as well as information on other frameworks governing the operation of private employment agencies in a domestic as well as cross-border context. Additionally, the Government is requested to provide copies of the directive corresponding to the 2016 Proclamation once it is available, and to indicate which employers’ and workers’ organizations were consulted prior to the adoption of that Proclamation. Article 7. Fees and costs. The Committee recalls its 2016 direct request regarding the Employment Exchange Services Proclamation No. 632/2009, which set out the types of fees and costs to be borne by employers and workers. The Committee notes the Government’s indication that the newly adopted Overseas Employment Proclamation No. 923/2016, which revised the Employment Exchange Services Proclamation No. 632/2009, will not affect in any way the application of the Convention, including the exceptions permitted under Article 7(2). The Committee notes that section 10(2) of the 2016 Proclamation provides, as did the 2009 Proclamation, that workers are responsible for covering: passport issuance fees; costs associated with the authentication of the contract of employment received from overseas and the certificate of clearance from crime; medical examination fees; vaccination fees; birth certificate issuance fees; and expenses related to the certificate of occupational competence. In respect of the medical examination provided for under section 9 of the 2016 Proclamation, the Committee draws the Government’s attention to Paragraphs 3(h) and (i) and 25 of the HIV and AIDS Recommendation, 2010 (No. 200). In particular, Paragraph 25 provides that HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants. The Committee reiterates its request that the Government provide information on the reasons authorizing the exception, in the interest of the workers concerned, as contemplated in Article 7(2) of the Convention, to the principle that agencies should not charge fees or costs to workers, which would permit charging for the items set out under section 10(2) of the Overseas Employment Proclamation No. 923/2016, as well as information on the corresponding measures of protection. In addition, it requests the Government to indicate which employers’ and workers’ organizations were consulted in the interests of the migrant workers concerned. Article 8(1) and (2). Protection and prevention of abuses of migrant workers placed in another country. Bilateral labour agreements. In response to the Committee’s previous request, the Government indicates that no cases of abusive recruiters have been reported since its imposition of the ban on overseas employment in 2013. The Committee notes, however, that the Government provides no information regarding investigations launched against abusive recruiters in accordance with section 598 of the Criminal Code concerning Ethiopian workers placed abroad prior to the imposition of the ban. With respect to bilateral labour agreements (BLAs), the Committee notes the Government’s indication that negotiations between Ethiopia and migrant-receiving countries are still ongoing and that the Government can provide information on the outcome of the negotiations once the BLAs with the countries concerned are concluded. The Committee requests the Government to indicate the measures taken to ensure adequate procedures and mechanisms to investigate and sanction cases of abuse once the ban on overseas employment is lifted, including the sanctions envisaged. In addition, the Committee requests the Government to provide updated information on progress made in the conclusion and application of bilateral labour agreements concluded with countries receiving migrant workers from Ethiopia, with the aim of preventing abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad. It further requests the Government to provide copies of such agreements. Articles 9, 10 and 14. Child labour. Complaint procedures and supervision. The Government indicates that, following the imposition of the ban on overseas employment, no cases of Ethiopian minors recruited in a cross-border context have been reported. The Committee requests the Government to indicate the measures taken or envisaged to ensure that child labour is not used or supplied by private employment agencies. Articles 11 and 12. Adequate protection and allocation of responsibilities. The Government indicates that Proclamation No. 923/2016 adequately ensures the protection of migrant workers in accordance with the above-mentioned Articles. It adds that the impact of the measures taken can only be observed following the implementation of the 2016 Proclamation, indicating that the model employment contract is also under revision. In the absence of specific information regarding the manner in which effect is given to Articles 11 and 12 of the Convention in either a domestic or cross-border context, the Committee once again requests the Government to provide updated detailed information on the nature and impact of measures taken to ensure protection for all workers in relation to each of the areas covered under Article 11, as well as the manner in which responsibilities are allocated between private employment agencies and user enterprises as required under Article 12 of the Convention. The Committee also once again requests the Government to provide a copy of the revised model employment contract and updated information on its effective use. Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that information on cooperation between the public employment service and private employment agencies will become available once private employment agencies enter into full operation. The Committee requests the Government to provide detailed updated information in its next report on the manner in which effect is given to Article 13 of the Convention. In particular, it reiterates its request that the Government provide extracts of the reports submitted by private employment agencies to the Ministry of Labour and Social Welfare and specify the information that is made publicly available. Articles 10 and 14. The Committee reiterates its request that the Government provide updated information on the type and number of complaints received and the manner in which they were resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations of the Convention.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2009 direct request, which read as follows:
The Committee refers to its 2009 observation and asks the Government to also include in its next report detailed information on the following issues already raised in its 2006 direct request.
1. Article 4 of the Convention. Measures to ensure the right to freedom of association. The Government reiterates that the right to freedom of association and the right to bargain collectively are clearly stated in section 31 of the National Constitution and section 13 of Labour Proclamation No. 377/2003. The Committee refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and asks the Government to specify the measures taken to ensure that the workers recruited by private employment agencies are not denied the right to freedom of association and the right to collective bargaining.
2. Article 5(1). Measures to promote equality. The Government refers to section 14 of Labour Proclamation No. 377/2003 and section 15(2) of Private Employment Agency Proclamation No. 104/1998, requiring private employment agencies to ensure that workers, in addition to the areas indicated in Article 5(1) of the Convention, are ensured their rights, safety and dignity. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and again asks the Government to indicate the measures taken to ensure that private employment agencies operating overseas or domestically treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other ground of discrimination covered by national law and practice, such as age or disability.
3. Article 6. Protection of personal data. The Government states that the inspection service has the right to protect employees’ personal data. The Committee again asks for further information on the manner in which workers’ personal data are protected.
4. Article 7. Fee charging. The Government indicates in its report that according to section 20 of Private Employment Agencies Proclamation No. 104/1998, no person or entity shall perform employment services for consideration from a worker. In its 2006 direct request, the Committee noted that illegal fee charging of workers is practised by some agencies and that legislative amendments were requested in order to allow fee charging. The Committee understands that the issue has been discussed by government representatives, the social partners and other stakeholders. The Committee refers again to the relevant provision of Article 7 which provides that “in the interest of the workers concerned, and after consulting the most representative organizations of employers and workers, the competent authority may authorize exceptions to the provisions of paragraph 1 in respect of certain categories of workers, as well as specified types of services provided by private employment agencies”. If the Government makes use of this flexibility device, it will have to provide information on such authorized exceptions and give the reasons therefore (paragraph 3). The Committee asks the Government to report in detail on the measures taken to give full effect in law and in practice to the provisions of Article 7 of the Convention.
5. Articles 10 and 14 and Part V of the report form. Complaint procedures and statistics. The Government reports in regard to Article 10 of the Convention that the Ministry of Labour and Social Affairs assisted by the federal police is charged with the investigation of complaints. In order to examine the practical effect given to the provisions of Articles 10 and 14, the Committee again requests the Government to report on the type and volume of complaints received, as well as how they are resolved. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).
6. Articles 11 and 12. Protection of workers and allocation of responsibilities. The Government indicates in its report that the protection of workers’ rights are ensured according to Labour Proclamation No. 377/2003. The Committee again asks the Government to describe in detail the measures taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies with a view to making them available to a third party, in relation to each of the areas described in Article 11 and to describe the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas described in Article 12.
7. Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes the Government’s statement that private employment agencies should submit monthly reports to the Ministry and the nearest public employment offices and that this information is published as an annual labour bulletin of the Ministry. The Committee recalls that Ethiopia has ratified the Employment Service Convention, 1948 (No. 88), and that, under Convention No. 181, the public authorities retain the final authority for formulating the labour market policy (Article 13(2)). It reiterates its interest in receiving information on the areas of cooperation between the public employment service and private employment agencies (Article 13(1)). Please also supply examples of the information provided to the Ministry of Labour by the private employment agencies and specify the information that is made publicly available annually (Article 13(3–4)).
The Committee notes that the Government’s report has not been received. It must therefore repeat its 2009 observation which read as follows:
The Committee notes the Government’s report received in November 2008 referring again to the Employment Agency Proclamation No. 104 of 1998, which has already been examined in previous comments. The Committee also understands that in June 2007 the Office reviewed a draft proclamation aimed at strengthening the authority of public authorities in dealing with private employment agencies and to revise the regulations concerning the operation of those agencies. The draft proclamation was also discussed in tripartite workshops with government authorities and other stakeholders. In this context, the Committee asks the Government to provide a report including the text of any new legislative text enacted concerning the application of the Convention and information on the matters raised in its previous comments.
Article 8 of the Convention. Protection of migrant workers. The Government indicates that to implement the Convention, the Ministry of Labour consulted with the Ministry of Foreign Affairs and Ethiopian embassies. An inter-ministerial committee has been established including representatives of the Ministry of Justice, the Emigration Office and the federal police. The Government also mentions the provisions of section 598 of the Criminal Code to combat unlawful recruitment. The Committee reiterates its concern regarding the protection of Ethiopian workers recruited or placed either through regular or irregular private agencies for employment outside the country and the prevalence of trafficking in persons. The Committee asks the Government to report on the measures taken by the inter-ministerial committee to provide adequate protection and prevent abuses of workers recruited in Ethiopia for employment abroad and law cases. Please also provide particulars of cases when section 598 of the Criminal Code has been applied to abusive recruiters. Please also specify if the most representative organizations of employers and workers have been consulted in this matter (Article 8(1)). It also again requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad (Article 8(2)).
Article 9. Trafficking of children. The Government states in its report that, according to section 15(4) of the procedure prepared by the Ministry of Labour and Social Affairs, recruited workers should not be less than 18 years and that this would be safeguarded by routine inspection systems. The Committee refers to its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and requests the Government to indicate the measures taken to ensure that child labour is not used or supplied by private employment agencies.
The Committee reiterates its interest in receiving detailed information in the Government’s next report on the measures adopted to apply the provisions of the Convention which are referred to specifically in a direct request.
2. Article 5, paragraph 1. Measures to promote equality. The Government refers to section 14 of Labour Proclamation No. 377/2003 and section 15(2) of Private Employment Agency Proclamation No. 104/1998, requiring private employment agencies to ensure that workers, in addition to the areas indicated in Article 5, paragraph 1, of the Convention, are ensured their rights, safety and dignity. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and again asks the Government to indicate the measures taken to ensure that private employment agencies operating overseas or domestically treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other ground of discrimination covered by national law and practice, such as age or disability.
7. Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes the Government’s statement that private employment agencies should submit monthly reports to the Ministry and the nearest public employment offices and that this information is published as an annual labour bulletin of the Ministry. The Committee recalls that Ethiopia has ratified the Employment Service Convention, 1948 (No. 88), and that, under Convention No. 181, the public authorities retain the final authority for formulating the labour market policy (Article 13, paragraph 2). It reiterates its interest in receiving information on the areas of cooperation between the public employment service and private employment agencies (Article 13, paragraph 1). Please also supply examples of the information provided to the Ministry of Labour by the private employment agencies and specify the information that is made publicly available annually (Article 13, paragraphs 3–4).
[The Government is asked to reply in detail to the present comments in 2010.]
Article 8 of the Convention. Protection of migrant workers. The Government indicates that to implement the Convention, the Ministry of Labour consulted with the Ministry of Foreign Affairs and Ethiopian embassies. An inter-ministerial committee has been established including representatives of the Ministry of Justice, the Emigration Office and the federal police. The Government also mentions the provisions of section 598 of the Criminal Code to combat unlawful recruitment. The Committee reiterates its concern regarding the protection of Ethiopian workers recruited or placed either through regular or irregular private agencies for employment outside the country and the prevalence of trafficking in persons. The Committee asks the Government to report on the measures taken by the inter-ministerial committee to provide adequate protection and prevent abuses of workers recruited in Ethiopia for employment abroad and law cases. Please also provide particulars of cases when section 598 of the Criminal Code has been applied to abusive recruiters. Please also specify if the most representative organizations of employers and workers have been consulted in this matter (Article 8, paragraph 1). It also again requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad (Article 8, paragraph 2).
The Committee refers to its 2006 observation and asks the Government to also include in its next report detailed information on the following issues already raised in its 2003 direct request.
1. Measures to ensure the right to freedom of association. The Government indicates that the right to freedom of association and the right to bargain collectively are clearly stated in the labour law. The Committee refers to its 2005 observations on the application of Conventions Nos. 87 and 98 in Ethiopia and asks the Government to specify the measures taken to ensure that the workers recruited by private employment agencies in Ethiopia are not denied the right to freedom of association and the right to collective bargaining. Please also indicate the progress made in ensuring that the workers recruited by private employment agencies to work abroad are not denied those fundamental rights (Article 4 of Convention No. 181).
2. Measures to promote equality. The Government indicates that directives have been issued by the competent authority to require private employment agencies to treat workers without discrimination on the basis of race, colour, sex, religion and political opinion. The Committee recalls its comments on the application by Ethiopia of Convention No. 111 and asks the Government to indicate the measures taken to ensure that overseas private employment agencies and domestic private employment agencies operating in Ethiopia treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other ground of discrimination covered by national law and practice, such as age or disability (Article 5, paragraph 1, of the Convention).
3. Processing of personal data. The Government reiterates that workers’ personal data are secured and treated separately within the Ministry of Labour and employment agencies. The Committee asks for further information on the manner in which workers’ personal data are protected, within the meaning of Article 1, paragraph 3, and Article 6 of the Convention.
4. Fee charging. The Government indicates in its report that according to the Private Employment Agencies (PEA) Proclamation No. 104/1998 there are no categories of workers and type of service for which private employment agencies can charge a fee directly or indirectly. The Committee understands that overall illegal fee charging of workers is practiced by some agencies. Some private employment agencies have requested legislative amendments in order to allow fee charging, and that the issue has also been discussed by representatives of the Government and of the social partners, as well as with other stakeholders. The Committee refers to the relevant provision of Article 7 which provides that “in the interest of the workers concerned, and after consulting the most representative organizations of employers and workers, the competent authority may authorize exceptions to the provisions of paragraph 1 in respect of certain categories of workers, as well as specified types of services provided by private employment agencies”. If the Government makes use of this flexibility device, it will have to provide information on such authorized exceptions and give the reasons therefore (paragraph 3). The Committee asks the Government to report in detail on the measures taken to give full effect in law and in practice to the provisions of Article 7 of the Convention.
5. Complaints. The Government reports that the competent authority has the power to enter the premises of any private employment agency during any working hour without prior notice to examine or request relevant documents. The Committee invites the Government to arrange a mechanism that will allow the social partners to play a more substantial role than their current contribution in relation to the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies. In order to examine the practical effect given to the provisions of Articles 10 and 14, it requests the Government to report on the type and volume of complaints received, as well as how they are resolved. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).
6. Protection of workers employed by private employment agencies. The Government indicates in its report that, according to the labour law of the country, workers are adequately protected in the areas described in Article 11. The Committee again asks the Government to describe in detail the measures taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies with a view to making them available to a third party, in relation to each of the areas described in Article 11.
7. Responsibilities of private employment agencies and of user enterprises. In its report, the Government states that, according to the law, the private employment agency and the third party (the employer) shall jointly be responsible or liable for areas described in Article 12. In its previous comments, the Committee noted the provisions of sections 15 and 17 of the PEA Proclamation. It requests the Government to describe in more detail the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas described in Article 12.
8. Cooperation between the public employment service and private employment agencies. The Committee recalls that Ethiopia has ratified Convention No. 88 and that, under Convention No. 181, the public authorities retain final authority for formulating labour market policy (Article 13, paragraph 2). It reiterates its interest in receiving information on the measures taken or envisaged to promote cooperation between the public employment service and private employment agencies (Article 13, paragraph 1). Please also supply examples of the information provided to the Ministry of Labour by the private employment agencies and specify the information that is made publicly available and the intervals at which this is done (Article 13, paragraphs 3 and 4).
[The Government is asked to reply in detail to the present comments in 2008.]
The Committee notes the Government’s brief report received in November 2005. It further notes that a national tripartite workshop on the role of private employment agencies, in the context of the trafficking of domestic workers overseas, was held in February 2006. In collaboration with the Ministry of Labour and Social Affairs, the Office undertook a technical study on the operation of overseas private employment agencies in the country. The study has provided some indications to the Government to strengthen its monitoring and supervision mechanism to narrow the gap between the law and practice in areas such as fee charging, guidance to workers and the protection of workers’ rights and well-being. The study points out that the monitoring and supervision mechanism of private employment agencies should work in conjunction with an effective system that combats trafficking in persons.
1. Protection of migrant workers. The Committee notes that in its report the Government has not provided the information requested by the report form on the measures taken, after consulting the most representative organizations of employers and workers, “to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies” (Article 8, paragraph 1, of the Convention). In this context, the Committee expresses its serious concern regarding the protection of Ethiopian workers recruited or placed either through regular or irregular private agencies and the prevalence of trafficking in persons. The Committee recalls that, in accordance with section 18, paragraph 1(b) and paragraph 3, of the Private Employment Agencies (PEA) Proclamation No. 104/1998, penalties are envisaged against persons who send Ethiopian nationals abroad for work without possessing a licence in accordance with the PEA Proclamation, or where the human rights or physical integrity of Ethiopians sent abroad for work have been violated. The Committee requests the Government to supply detailed information in its next report on the measures taken to provide adequate protection and prevent abuses of migrant workers recruited in Ethiopia (Article 8 of the Convention). In this sense, the Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration was published by the ILO, which includes non-binding principles and guidelines for a rights-based approach to labour migration. It also requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.
2. Trafficking of children. The Government states in its report that, according to the labour law, child labour is not used or supplied by private employment agencies. The Committee refers to its 2005 direct request on the application of Convention No. 182, and, in particular, the efforts that are being made to put in place the National Plan of Action against the commercial sexual abuse and exploitation of children in Ethiopia. This programme will also deal with prevention, protection and rehabilitation to combat the worst forms of child labour. The Committee noted that, according to UNICEF data, every year thousands of women and girls are reported to be trafficked from Ethiopia to the Middle East, especially to Lebanon, Saudi Arabia and the United Arab Emirates. As required by Article 9 of Convention No. 181, the Government is requested to indicate the measures taken to ensure that child labour is not used or supplied by private employment agencies.
3. The Committee reiterates its interest in receiving more detailed information in the Government’s next report on the measures adopted to apply in Ethiopia the provisions of the Convention which are referred to specifically in a direct request.
The Committee notes the Government’s first detailed report on the application of the Convention received in November 2002. It notes the Government’s statement in relation to Article 2 of the Convention indicating that the purpose of the legislation is to allow the operation of private agencies, the orderly management of regular migration and the protection of workers through their services. The Committee would appreciate receiving in the Government’s next report more detailed information on the measures adopted to apply in Ethiopia the provisions of the Convention. Please refer to points 1, 2, 5 and 6 of this direct request with regard to the protection of migrant workers. In this respect, the Government might consider the possibility of requesting the technical advice of the Office in the field of international migration.
1. Article 4 of the Convention. The Government points out in its report the problems arising from the lack of readiness from the employers’ side and the legislation of the host country, as well as other cultural, demographic and economic factors that render it difficult to implement the fundamental principles of freedom of association and the right to collective bargaining. It also mentions that Ethiopian workers in Saudi Arabia and Lebanon are already successful in forming community associations which enable them to bargain with employers. The Committee refers to its 2002 observation on the application of Convention No. 87 in Ethiopia, as well as to the discussion that took place at the 90th Session of the International Labour Conference (June 2002), and asks the Government to specify the measures taken to ensure that the workers recruited by private employment agencies in Ethiopia are not denied the right to freedom of association and the right to collective bargaining within Ethiopia. Please also indicate the progress made in ensuring that the workers recruited by private employment agencies to work abroad are not denied those fundamental rights.
2. Article 5. The Government also indicates the importance given by the national legislation to combating all types of discrimination and the special attention provided to women workers living abroad. The Committee recalls its comments on the application by Ethiopia of Convention No. 111 and asks the Government to indicate the measures taken to ensure that private employment agencies treat workers in Ethiopia without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origins, or any other criteria, such as age or disability.
3. Article 6 and Article 1, paragraph 3. The Government indicates in its report that workers’ personal data are secured and treated separately within the Ministry of Labour and employment agencies. Please provide further information on the manner in which workers’ personal data are protected, within the meaning of the Convention.
4. Article 7, paragraph 1. The Committee notes that section 176 of the Labour Proclamation, as amended by the Private Employment Agencies (PEA) Proclamation No. 104/1998, states that no persons or entities shall perform employment services for fees in consideration from a worker. Nevertheless, the Government recognizes in its report that some organizations are observed to be charging for training and transportation if employers fail to meet these commitments. Please provide further details on the measures taken to ensure in practice that private employment agencies do not charge directly or indirectly, in whole or in part, any fees or costs to workers.
5. Article 8, paragraph 1. The Government indicates in its report that bilateral co-cultural agreements with the concerned countries are currently being concluded. It also mentions the protection offered by the Consulate of Ethiopia in Lebanon. The Committee further notes that in accordance with section 18, paragraph 1(b) and paragraph 3, of Proclamation No. 194/1998, penalties are envisaged against persons who send Ethiopian nationals abroad for work without possessing a license in accordance with the PEA Proclamation, or where the human rights or physical integrity of Ethiopians sent abroad for work have been injured. Please continue to supply information about the measures taken to provide adequate protection and prevent abuses of migrant workers recruited in the territory of Ethiopia.
6. Article 8, paragraph 2. Taking into account the Government’s concern over the placement abroad of Ethiopian workers by private employment agencies, the Committee would appreciate receiving more information on bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.
7. Article 9. The Government indicates in its report that the law of the land prohibits child labour and that strict regulations are in place to control illicit traffickers. Please describe further the measures taken to ensure that child labour is not used or supplied by private employment agencies.
8. Articles 10 and 14. The Government reports that the Ministry of Labour and the Government’s missions abroad control the investigation of complaints, alleged abuses and fraudulent practices. The Committee also notes that section 16 of the PEA Proclamation establishes the powers of the national authority to inspect private employment agencies. It invites the Government to provide further information with respect to the plan to arrange a mechanism that will allow the social partners to play a more substantial role than their current contribution, which was mentioned in the Government’s report. Please also indicate the type and volume of complaints received, as well as how they are resolved.
9. Article 11. The Committee notes the provisions of sections 12 and 15 of the PEA Proclamation No. 104/1997 establishing the terms of the contract of employment for workers placed by private agencies. Please further describe the measures taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies, as described in Article 1, paragraph 1(b), of the Convention, in relation to each of the areas described in Article 11.
10. Article 12. In its report, the Government states that the models established for minimum working conditions by the Ministry are the basis for controlling and supervising possible failures. The Committee also notes that section 17 of the PEA Proclamation provides that a private employment agency and the third party shall jointly and severally be responsible or liable for violation of the contract of employment concluded with the worker to provide the service mentioned in section 2(1)(b) of the Proclamation. It requests the Government to describe in more detail the way in which responsibilities are allocated between private employment agencies and user enterprises in each of the areas described in Article 12.
11. Article 13. Please provide information on the measures taken or envisaged to promote cooperation between the public employment service and private employment agencies (paragraph 1), and indicate how the principle that the public authorities retain final authority for formulating labour market policy and for the utilization of the public funds earmarked for the implementation of that policy has been ensured (paragraph 2). Please also supply examples of the information provided to the competent authorities by the private employment agencies and specify the information that is made publicly available and the intervals at which this is done (paragraphs 3 and 4).
12. Article 14. The Committee notes that sanctions (suspension or cancellation of licence) or penalties are envisaged by section 18 of the PEA Proclamation. It asks the Government to supply examples of how those remedies have been operating in case of violations of the Convention. Please also provide information on the number of workers covered by the Convention and the number and nature of infringements reported (Part V of the report form).