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Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Malta (RATIFICATION: 1988)

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Part III of the Convention. Regulation of fee-charging employment agencies. In its 2017 comments, the Committee requested the Government to provide information on the measures taken or envisaged to give effect to Part III of the Convention, including penalties imposed in the event of violations, the number of inspections conducted and the types of violations identified. In its response, the Government indicates that employment agencies are regulated by Part V of the Employment and Training Services Act 1990 and the Employment Agencies Regulations. The Government adds that the penalties which may be imposed for violations of the Employment Agencies Regulations include fines, refusal of applications and revocation of licences. Noting that the Government has not provided information with respect to the development or implementation of any measures taken to give concrete effect to the main requirements of Part III of the Convention, the Committee reiterates its request that the Government provide information on all measures taken to ensure the full application of the Convention, including measures adopted to supervise the activities of fee-charging employment agencies, the number and nature of the contraventions reported and the penalties imposed.

Revision of Convention No. 96. Noting that the Government has provided no information in response to the Committee’s previous comments, the Committee once again recalls that, with regard to countries such as Malta that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, Convention No. 181 is more specific and takes into account newer developments in the sector and national circumstances (see General Survey on the employment instruments, 2010, paragraph 728). The Committee further recalls that at its 273rd Session in November 1998, the ILO Governing Body invited those States parties to Convention No. 96 to contemplate ratifying Convention No. 181, as appropriate. The Committee once again expresses the hope that the Government and the social partners will consider the possibility of ratifying Convention No. 181, the ratification of which would lead to the immediate denunciation of Convention No. 96.

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Part III of the Convention. Regulation of fee-charging employment agencies. In its previous comments, the Committee invited the Government to provide a general appreciation of the manner in which the Convention is applied. In this regard, the Government refers to the Employment Agencies Regulations of 1995 and the Temporary Agency Workers Regulations (TAWR) of 2011. The Government adds that the regulations apply to both public and private entities, whether or not they are conducted with a view to profit, including temporary agencies or user enterprises, and that they safeguard the basic working and employment rights of temporary agency workers. The Committee notes that section 4 of the TAWR provides for equal treatment in terms of basic working and employment conditions of temporary agency workers and workers directly recruited from the undertaking to occupy the same job. The Committee once again requests the Government to provide information on the practical application of Convention No. 96, including on measures taken or envisaged to give effect to Part III of the Convention, including penalties imposed for violation of the Employment Agencies Regulations and the Temporary Agency Workers Regulations, the number of inspections and types of violations identified.

Revision of Convention No. 96. In reply to the Committee’s previous comments, the Government indicates that the principles enshrined in the Private Employment Agencies Convention, 1997 (No. 181), are given effect by the Employment Agency Regulations and the TAWR. The Committee recalls that, with regard to countries such as Malta that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, Convention No. 181 is more specific and takes into account newer developments in the sector and national circumstances (see General Survey on the employment instruments, 2010, paragraph 728). The Committee further recalls that at its 273rd Session in November 1998, the ILO Governing Body invited those States parties to Convention No. 96 to contemplate ratifying Convention No. 181, as appropriate. The Committee once again expresses the hope that the Government and the social partners will consider adhering to the obligations of Convention No. 181, the ratification of which would lead to the immediate denunciation of Convention No. 96.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Part III of the Convention. Regulation of fee-charging employment agencies. Revision of Convention No. 96. The Committee notes the Government’s report received in May 2013 which includes information in reply to the matters raised in the 2010 direct request and a copy of the Employment Agencies Regulations 1995, as amended by Legal Notices Nos 96 and 424 of 2007, 540 of 2010 and 426 of 2012. The Government indicates that the Employment Agencies Regulations does not differentiate between fee-charging employment agencies conducted with a view to profit and those not conducted with a view to profit. The Committee further notes the Government’s statement indicating that all employment agencies are debarred from charging any fees to applicants for employment. In this regard, the Committee notes section 10(1) of the Employment Agencies Regulations which provides that no payments or charges shall be demanded or levied on any applicant for employment in consideration of such employment or in consideration of registration thereof. Section 10(2) provides that no deductions shall be made from the wages of any employee for any services rendered by an employment agency or employment business. The Committee refers to its 2010 General Survey concerning employment instruments in which it recalled that public employment services and private actors are both actors in the labour market and that their common aim is to contribute to a well-functioning labour market and the achievement of full employment. With regard to countries, such as Malta, that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, the Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), is more specific and takes into account newer developments in the sector and national circumstances (General Survey, op. cit., paragraph 728). The Committee hopes that the Government and the social partners will consider adhering to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. The Committee also invites the Government to provide in its next report a general appreciation of the manner in which the Convention is applied, including extracts from official reports, information regarding the number and nature of the contraventions reported, and any other particulars bearing on the practical application of Convention No. 96 (Part V of the report form).

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Part III of the Convention. Regulation of fee-charging employment agencies. Revision of Convention No. 96. The Committee notes the Government’s report received in May 2013 which includes information in reply to the matters raised in the 2010 direct request and a copy of the Employment Agencies Regulations 1995, as amended by Legal Notices Nos 96 and 424 of 2007, 540 of 2010 and 426 of 2012. The Government indicates that the Employment Agencies Regulations does not differentiate between fee-charging employment agencies conducted with a view to profit and those not conducted with a view to profit. The Committee further notes the Government’s statement indicating that all employment agencies are debarred from charging any fees to applicants for employment. In this regard, the Committee notes section 10(1) of the Employment Agencies Regulations which provides that no payments or charges shall be demanded or levied on any applicant for employment in consideration of such employment or in consideration of registration thereof. Section 10(2) provides that no deductions shall be made from the wages of any employee for any services rendered by an employment agency or employment business. The Committee refers to its 2010 General Survey concerning employment instruments in which it recalled that public employment services and private actors are both actors in the labour market and that their common aim is to contribute to a well-functioning labour market and the achievement of full employment. With regard to countries, such as Malta, that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, the Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), is more specific and takes into account newer developments in the sector and national circumstances (General Survey, op. cit., paragraph 728). The Committee hopes that the Government and the social partners will consider adhering to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. The Committee also invites the Government to provide in its next report a general appreciation of the manner in which the Convention is applied, including extracts from official reports, information regarding the number and nature of the contraventions reported, and any other particulars bearing on the practical application of Convention No. 96 (Part V of the report form).

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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 previous comments.

Repetition
Part III of the Convention. Regulation of fee-charging employment agencies. Revision of Convention No. 96. The Committee notes the Government’s report received in May 2013 which includes information in reply to the matters raised in the 2010 direct request and a copy of the Employment Agencies Regulations 1995, as amended by Legal Notices Nos 96 and 424 of 2007, 540 of 2010 and 426 of 2012. The Government indicates that the Employment Agencies Regulations does not differentiate between fee-charging employment agencies conducted with a view to profit and those not conducted with a view to profit. The Committee further notes the Government’s statement indicating that all employment agencies are debarred from charging any fees to applicants for employment. In this regard, the Committee notes section 10(1) of the Employment Agencies Regulations which provides that no payments or charges shall be demanded or levied on any applicant for employment in consideration of such employment or in consideration of registration thereof. Section 10(2) provides that no deductions shall be made from the wages of any employee for any services rendered by an employment agency or employment business. The Committee refers to its 2010 General Survey concerning employment instruments in which it recalled that public employment services and private actors are both actors in the labour market and that their common aim is to contribute to a well-functioning labour market and the achievement of full employment. With regard to countries, such as Malta, that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, the Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), is more specific and takes into account newer developments in the sector and national circumstances (General Survey, op. cit., paragraph 728). The Committee hopes that the Government and the social partners will consider adhering to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. The Committee also invites the Government to provide in its next report a general appreciation of the manner in which the Convention is applied, including extracts from official reports, information regarding the number and nature of the contraventions reported, and any other particulars bearing on the practical application of Convention No. 96 (Part V of the report form).

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Part III of the Convention. Regulation of fee-charging employment agencies. Revision of Convention No. 96. The Committee notes the Government’s report received in May 2013 which includes information in reply to the matters raised in the 2010 direct request and a copy of the Employment Agencies Regulations 1995, as amended by Legal Notices Nos 96 and 424 of 2007, 540 of 2010 and 426 of 2012. The Government indicates that the Employment Agencies Regulations does not differentiate between fee-charging employment agencies conducted with a view to profit and those not conducted with a view to profit. The Committee further notes the Government’s statement indicating that all employment agencies are debarred from charging any fees to applicants for employment. In this regard, the Committee notes section 10(1) of the Employment Agencies Regulations which provides that no payments or charges shall be demanded or levied on any applicant for employment in consideration of such employment or in consideration of registration thereof. Section 10(2) provides that no deductions shall be made from the wages of any employee for any services rendered by an employment agency or employment business. The Committee refers to its 2010 General Survey concerning employment instruments in which it recalled that public employment services and private actors are both actors in the labour market and that their common aim is to contribute to a well-functioning labour market and the achievement of full employment. With regard to countries, such as Malta, that have ratified the Employment Service Convention, 1948 (No. 88), and accepted Part III (Articles 10–14) of Convention No. 96, the Committee recalls that the Private Employment Agencies Convention, 1997 (No. 181), is more specific and takes into account newer developments in the sector and national circumstances (General Survey, op. cit., paragraph 728). The Committee hopes that the Government and the social partners will consider adhering to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. The Committee also invites the Government to provide in its next report a general appreciation of the manner in which the Convention is applied, including extracts from official reports, information regarding the number and nature of the contraventions reported, and any other particulars bearing on the practical application of Convention No. 96 (Part V of the report form).

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Repetition
Part III of the Convention. Regulation of fee-charging employment agencies. In reply to the points raised in the 2004 direct request, the Government indicates that no payments shall be demanded nor any deductions made from wages of any employee for services rendered by an employment agency or employment business in line with section 10 of the Employment Agencies Regulations 1995, as amended by Legal Notices Nos 96 and 424 of 2007. The Government indicates that the Employment Agencies Regulation also provides that no person shall carry on an employment agency or an employment business unless he or she is the holder of a current licence granted by the Director of Industrial and Employment Relations. Such a licence is issued for a period of one year and it may be renewed for further periods, each of one year. The Committee recalls that in all its previous comments, it has requested indications on how effect is given to Articles 10(c) and 11(b) of the Convention, which require approval by the competent authority for the determination of the scale of fees. The Committee invites the Government to provide in its next report further information on the manner in which fee-charging employment agencies only charge fees and expenses on a scale submitted to and approved by the competent authority or fixed by the latter, in accordance with the abovementioned provisions of the Convention.
Revision of Convention No. 96. The Committee refers to its General Survey of 2010 on employment instruments in which it recalled that public employment services and private actors are both actors in the labour market. They should therefore mutually benefit from cooperation as their common aim is to ensure a well-functioning labour market and the achievement of full employment. With regard to those countries such as Malta, that have accepted Part III of Convention No. 96, the Committee recalled that, while Articles 10–14 of Convention No. 96 provide for the regulation of fee-charging employment agencies, the Private Employment Agencies Convention, 1997 (No. 181), is more specific and takes into account newer developments in the sector and national circumstances (General Survey, op. cit., paragraph 728). The Committee notes that the present situation is not in conformity with the provisions of Part III of Convention No. 96 of 1949, as accepted by Malta when it ratified the Convention in 1988. The Committee hopes that the Government and the social partners will consider adhering to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. It invites the Government to report on steps taken, in consultation with the social partners, to ratify Convention No. 181.

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Part III of the Convention. Regulation of fee-charging employment agencies. In reply to the points raised in the 2004 direct request, the Government indicates that no payments shall be demanded nor any deductions made from wages of any employee for services rendered by an employment agency or employment business in line with section 10 of the Employment Agencies Regulations 1995, as amended by Legal Notices Nos 96 and 424 of 2007. The Government indicates that the Employment Agencies Regulation also provides that no person shall carry on an employment agency or an employment business unless he or she is the holder of a current licence granted by the Director of Industrial and Employment Relations. Such a licence is issued for a period of one year and it may be renewed for further periods, each of one year. The Committee recalls that in all its previous comments, it has requested indications on how effect is given to Articles 10(c) and 11(b) of the Convention, which require approval by the competent authority for the determination of the scale of fees. The Committee invites the Government to provide in its next report further information on the manner in which fee-charging employment agencies only charge fees and expenses on a scale submitted to and approved by the competent authority or fixed by the latter, in accordance with the abovementioned provisions of the Convention.

Revision of Convention No. 96. The Committee refers to its General Survey of 2010 on employment instruments in which it recalled that public employment services and private actors are both actors in the labour market. They should therefore mutually benefit from cooperation as their common aim is to ensure a well-functioning labour market and the achievement of full employment. With regard to those countries such as Malta, that have accepted Part III of Convention No. 96, the Committee recalled that, while Articles 10–14 of Convention No. 96 provide for the regulation of fee-charging employment agencies, the Private Employment Agencies Convention, 1997 (No. 181), is more specific and takes into account newer developments in the sector and national circumstances (General Survey, op. cit., paragraph 728). The Committee notes that the present situation is not in conformity with the provisions of Part III of Convention No. 96 of 1949, as accepted by Malta when it ratified the Convention in 1988. The Committee hopes that the Government and the social partners will consider adhering to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. It invites the Government to report on steps taken, in consultation with the social partners, to ratify Convention No. 181.

[The Government is invited to reply in detail to the present comments in 2012.]

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1. Part III of the Convention. In reply to the Committee’s previous comments, the Government indicates in its report, received in August 2004, that to date no enterprises have filed complaints against rates charged by fee-charging employment agencies, and that the latter may be penalised for practices that are contrary to the law. The Government indicates that prospective employers do their research before calling on the services of an agency and that guidance can be sought from the Employment Agencies section of the Department of Industrial and Employment Relations. The Committee again refers to Articles 10(c) and 11(b) of the Convention and requests the Government to describe the manner in which fee-charging employment agencies only charge fees and expenses on a scale submitted to and approved by the competent authority or fixed by the latter, in accordance with the abovementioned Articles of the Convention.

2. The Committee again requests the Government to provide any relevant information on the application of the Convention in practice, as requested under Part V of the report form.

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1. Part III of the Convention. In reply to the Committee’s previous comments, the Government indicates in its report, received in August 2004, that to date no enterprises have filed complaints against rates charged by fee-charging employment agencies, and that the latter may be penalised for practices that are contrary to the law. The Government indicates that prospective employers do their research before calling on the services of an agency and that guidance can be sought from the Employment Agencies section of the Department of Industrial and Employment Relations. The Committee again refers to Articles 10(c) and 11(b) of the Convention and requests the Government to describe the manner in which fee-charging employment agencies only charge fees and expenses on a scale submitted to and approved by the competent authority or fixed by the latter, in accordance with the abovementioned Articles of the Convention.

2. The Committee again requests the Government to provide any relevant information on the application of the Convention in practice, as requested under Part V of the report form.

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Part III of the Convention. The Committee notes the Government’s report on the application of the Convention and the information that it contains in reply to its previous comments. It notes that Part V of the Employment and Training Services Act, 1990, has been in effect since 1 January 1996 and that the Employment Agencies Regulations, 1995, (Legal Notice No. 127 of 1995) has been adopted under section 25 of the Act. In this respect, the Committee notes that both section 23(6) of the Act of 1990 and section 10 of the Regulations of 1995 prohibit employment agencies from receiving any payments from workers. Noting that section 4(1)(c) of the Regulations provides that applications for licences to carry on an employment agency must include information on the method by which it will be financed, the Committee requests the Government to indicate how effect is given to Articles 10(c) and 11(b) of the Convention, which require the approval of the competent authority for the determination of the scale of fees.

The Government is also requested to provide any relevant information on the application of the Convention in practice, as requested under Part V of the report form.

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The Committee notes with regret 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 previous direct request, which read as fallows:

Part III of the Convention. With reference to its earlier comments, the Committee notes the Government's statement in the report that the provisions of Part V of the Employment and Training Services Act, 1990 have not been implemented and there is no intention to implement this part of the Act in the near future. The Committee has previously noted from the Government's earlier reports that the provisions of the Employment Service Act, 1955, prohibiting private employment agencies, continued to operate and presumes that it is still the current position. The Committee hopes that the Government will keep the ILO informed about any development on these matters. It notes the statement that the views of this Committee will be taken into consideration if the relevant provisions of the 1990 Act are implemented. If it happens, the Committee would be grateful if the Government would supply information, when appropriate, on the manner in which effect is given in particular to the provisions of Article 10(c) and (d), and Article 11(b) and (c), of the Convention.

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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 previous direct request, which read as follows:

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The Committee hopes that the Government will keep the ILO informed about any development on these matters. It notes the statement that the views of this Committee will be taken into consideration if the relevant provisions of the 1990 Act are implemented. If it happens, the Committee would be grateful if the Government would supply information, when appropriate, on the manner in which effect is given in particular to the provisions of Article 10(c) and (d), and Article 11(b) and (c), of the Convention.

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The Committee takes note of the information supplied by the Government in reply to its earlier comments. It notes in particular that Part V of the Employment and Training Services Act, 1990, which deals with employment agencies, has not yet been implemented and that so far the provisions of the Employment Service Act, 1955, prohibiting private employment agencies, continue to operate.

With reference to its previous comments, the Committee asks the Government to keep the ILO informed on the measures taken to put the relevant provisions of the 1990 Act into force and to supply information, when appropriate, on the following points:

Article 10(c), and Article 11(b), of the Convention. Please indicate in what way fee-charging employment agencies derive pecuniary or other material advantage from employers and whether such agencies shall only charge fees and expenses on a scale submitted to and approved by the competent authority or fixed by the said authority.

Article 10(d), and Article 11(c). Please state what conditions, if any, have been determined for the recruiting of workers abroad, in conformity with these provisions of the Convention.

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The Committee has noted the information supplied by the Government in its first report on the application of the Convention. It notes that Part V of the Employment and Training Services Act, 1990, dealing with "Employment Agencies", has not yet come into effect and that so far the provisions of section 17 of the Employment Service Act, 1955, which prohibit private employment agencies, are still effective. It requests the Government to keep the ILO informed on the measures taken to put the relevant provisions of the 1990 Act into force and to supply information, when appropriate, on the following points:

Article 10, subparagraph (c), and Article 11, subparagraph (b), of the Convention. Please indicate in what way fee-charging employment agencies derive pecuniary or other material advantage from employers and whether such agencies shall only charge fees and expenses on a scale submitted to and approved by the competent authority or fixed by the said authority.

Article 10, subparagraph (d), and Article 11, subparagraph (c). Please state what conditions, if any, have been determined for the recruiting of workers abroad, in conformity with these provisions of the Convention.