Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Part II of the Convention. The Committee notes the Government's report which argues in some detail that sections 19 and 22 of the Labour Code (Act No. 91 of 1959), which provide for the establishment of private employment agencies, do not violate the Convention. This topic has been the subject of direct requests and observations by the Committee since 1966.

In essence, the Government argues that there are no private employment agencies and further, if there were, sections 19 and 22 of the Labour Code, which prohibit fee collection from the worker, are not contrary to the Convention. However, the Committee has pointed out many times that the Convention's requirement for exemption from the payment of a fee must cover both the employer and the worker. It is not enough to exempt only the worker. Therefore, the Committee repeats its request that the Government repeal sections 18 to 22 of the Labour Code as soon as possible.

The Committee also draws the attention of the Government to the provisions of the Private Employment Agencies Convention, 1997 (No. 181), and in particular Articles 16 and 17, which the Government may wish to consider for the future.

In addition, the Committee requests the Government again to amend section 11 of the Labour Code as well as to extend to domestic and similar workers the application of the chapter concerning placement of unemployed persons.

[The Government is asked to report in detail in 2000.]