Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2006 observation which read as follows:

1. Contribution of a free public employment service to employment promotion. The Committee notes the information contained in the Government’s report received in February 2006 covering the period ending 1 September 2005. In particular, it notes the adoption of Act No. 2005-32 of 18 January 2005 establishing the programming for social integration, which revised the organization of the public employment service, and of the Decree of 2 August 2005 on follow-up measures for jobseekers. The Committee notes the end of the legal monopoly of the National Employment Agency (ANPE) for the placement of jobseekers, thereby enabling private employment agencies and temporary work agencies to engage in employment placement activities. The obligation for employers to notify vacancies only to the ANPE has been abolished. The Government states that, in exchange for the end of the employment placement monopoly from which it has benefited up to now, the ANPE has now been granted the possibility of establishing branches to discharge its functions and to charge enterprises fees for the use of its services, except from jobseekers (section L.311-7(3) and (4) of the Labour Code). The Committee notes that a decree is due to be adopted in the Council of State to determine the provisions, including financial rules, under which the ANPE will be able to operate, so as to preserve the quality of the service provided to users and prevent any distortion of competition with private operators. With reference to its 2006 observation on the application of the Employment Policy Convention, 1964 (No. 122), the Committee requests the Government to continue reporting on the measures adopted to maintain or ensure the maintenance of a free public employment service, within the meaning of Article 1, paragraph 1, of the Convention.

2. Development of employment offices throughout the territory. The Government indicates that by redrawing, through the adoption of the Act of 18 January 2005, the limits of the public employment service and by extending the service, the intention is to improve the manner in which unemployment is addressed by making the labour market more dynamic and establishing a firm basis for employment policies throughout the territory. The Committee notes in this respect that, with a view to improving the effectiveness of the public employment service, the Act of 18 January 2005 envisages the establishment of 300 “employment centres”, with the objective of ensuring better cooperation between the various actors in the public employment service in urban areas and employment zones. The Government states that, by the end of 2005, a total of 103 employment centres had been designated, with 200 being envisaged by the end of 2006. The Committee requests the Government to continue reporting on developments relating to the measures adopted to establish and locate sufficient employment offices to serve the needs of employers and workers in each geographical area (Article 3).

3. Cooperation with the social partners. The Government indicates that, in response to the need to coordinate the principal actors in the public employment service, section L.311-1(4) of the Labour Code envisages the conclusion of a multi-year tripartite agreement between the State, the ANPE and UNEDIC, so as to determine the functions and resources of the ANPE and UNEDIC for the implementation of this public employment service. With reference to Article 4 of the Convention, the Committee requests the Government to indicate the arrangements made to secure the cooperation of employers’ and workers’ representatives in the organization and operation of the employment service and in the development of employment policy.