Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Private Employment Agencies Convention, 1997 (No. 181) - Algeria (Ratification: 2006)

Other comments on C181

Observation

2018

Direct Request

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The Commission notes the detailed report for the period ending in December 2010, which was received in February 2011. The Government has sent a copy of Executive Decree No. 09-94 of 22 February 2009 determining the frequency and nature of the information and statistics sent to the National Employment Agency (ANEM) by employers, communes and authorized private employment agencies. Communes and private employment agencies are required to provide quarterly statistics on employment supply and demand and the job placements performed (Article 13 of the Convention). The Committee requests the Government to include in its next report examples of information supplied to the ANEM by private employment agencies and to state the information made available to the public as well as the intervals at which it is provided (Article 13(3)(4)). It also requests the Government to provide information on the manner in which cooperation is organized between the ANEM and the private employment agencies. It would also welcome receiving information on the qualifications of jobseekers, the occupational sectors concerned and their geographical distribution, and also on the nature and extent of measures supporting the search for employment (Parts III, IV and V of the report form). This information will clarify the respective roles of the ANEM and the private employment agencies, and also the segments of the labour market covered.

Measures to promote equality. In reply to the Committee’s previous comments, the Government refers to the terms of reference for private employment agencies. The Committee notes that private agencies must avoid in their activities any distinction, exclusion or preference based on discrimination, in accordance with the legislative and regulatory provisions in force and ensure equal treatment for all categories of persons who approach them in order to guarantee equality of opportunity. The Committee refers once again to the comments which it has been making for a number of years on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and recalls that discrimination on certain grounds, such as race, colour, religion or national extraction, is not covered by the Labour Code of 1990. The Committee requests the Government to supply further details of the measures taken to ensure that private employment agencies do not subject workers to any of the forms of discrimination referred to by Article 5(1) of the Convention.

Article 5(2). Special services to assist the most disadvantaged workers. The Committee requests the Government to provide information in its next report on the special services or targeted programmes designed by private employment agencies to assist the most disadvantaged workers in their jobseeking activities.

Article 8. Protection of migrant workers. The Government indicates that approved private employment agencies do not have any authority to place foreign workers in jobs in Algeria. The Committee again requests the Government to indicate the measures taken to provide adequate protection and prevent abuses of workers recruited in Algeria for working abroad. 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.

Article 10. Complaints. The Committee previously noted that authorization may be withdrawn in the event of failure to fulfil obligations arising from the laws and regulations (section 15 of Executive Decree No. 07-123). The supervision of private employment agencies is provided for by sections 29–32 of the same Executive Decree. The Committee requests the Government to include information in its next report showing how the procedures in force enable the effective investigation of alleged abuses and fraudulent practices concerning the activities of private employment agencies, specifying the number and nature of complaints received, and indicating how they were resolved.

[The Government is requested to reply in detail to the present comments in 2013.]