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Employment Service Convention, 1948 (No. 88) - Democratic Republic of the Congo (Ratification: 1969)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. In its previous comments, the Committee invited the Government to indicate the progress achieved by the National Employment Office (ONEM) in ensuring the effective operation of a free public employment service. In this respect, the Government reports the establishment of regional offices in the 11 former provinces of the country and of branches in the 24 municipalities of the city province of Kinshasa. The Government adds that, in August 2015, at the 31st Ordinary Session of the National Labour Council held by the Ministry of Employment, Labour and Social Welfare, the tripartite constituents revised Order No. 062/08 of 18 September 2008 establishing the requirements for the opening, approval and operation of private employment agencies in order to enable them to play a more effective role and allow the ONEM to more effectively organize the operation of the labour market. Regarding the application of the Convention in practice, the Government indicates that, from January 2013 to September 2014, 17,712 jobs were created and 40,151 applications for employment were received. The Government adds that, in 2014 and 2015, the ONEM registered 58,200 jobseekers and placed 15,709 persons in employment, an increase from the previous year of 18,049 jobseekers and 2,157 placements. The Committee requests the Government to continue providing up-to-date information regarding the measures taken or envisaged by the National Employment Office to ensure the effective operation of a free public employment service, including further information on the role and activities of the regional offices and local branches. The Committee also requests the Government to indicate the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by the offices. The Committee requests the Government to provide further information on the manner in which the revision of Decree No. 062/08 of 18 September 2008 has enabled private employment agencies to play a more effective role and allowed the ONEM to more effectively organize the functioning of the labour market.
Article 3. Regional offices. In reply to the Committee’s previous comments, the Government indicates that the financial resources of the ONEM have been strengthened as a result of employer contributions established by Ministerial Order No. 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 26 September 2013 amending and supplementing Ministerial Order No. 028/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 18 March 2013. The Government indicates that these financial resources have resulted in the establishment of six further regional offices, operational since 2013, in all the former provincial capitals. The Government adds that, following the territorial restructuring in 2016, the country now has 26 provinces, of which 11 have operational regional offices, five new provinces have branches and five zones of robust economic growth also have branches. The Government indicates that efforts are being made to cover the remaining new provinces. The Government also indicates the existence of a website where jobseekers can find the information they require and register online. The Committee requests the Government to indicate in its next report the progress made regarding the establishment of provincial offices of the National Employment Office, particularly in the remaining provinces, and the other measures taken or envisaged to respond to the needs of employers and workers in all geographical regions of the country.
Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the Decree establishing the ONEM provides for the participation of employers and workers on its administrative board. The Government adds that, while waiting for the administrative board of the ONEM, which is responsible for workers’ rights, to become operational, it is seeking to enhance collaboration with employers’ organizations through partnership agreements signed with the Federation of Enterprises of Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium-sized enterprises (COPEMECO). The Committee hopes that the Government will take all the necessary measures to ensure that the administrative board of the National Employment Office is operational as soon as possible. It therefore requests the Government to provide information on any progress made regarding the operation of the administrative board of the National Employment Office. The Committee reiterates its request for the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM and the social partners result in cooperation in the organization and operation of the employment service and in the development of employment service policy.
Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that it gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies through Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 amending and supplementing Ministerial Order No. 12/CAB/MIN/ETPS/062/08 of 18 September 2008 establishing the conditions for the opening, approval and operation of private employment agencies. The Committee notes that, in this context, the ONEM has authorized the operation of 136 private employment agencies with which it holds periodic meetings to assess whether they are functioning effectively and to remedy possible weaknesses. The Government adds that the ONEM organized a training workshop for the managers of private employment agencies in December 2015 in Kinshasa. The Committee notes with interest that section 9 of Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 provides that private agencies shall be in permanent collaboration with the ONEM. Section 20 provides for regular meetings (quarterly or six monthly) organized by the ONEM, at its own initiative or upon the request of the private agencies, in order to conduct an exchange of experience. The Committee observes that the Order is closely based on the provisions of the Private Employment Agencies Convention, 1997 (No. 181). Referring to its pervious comments, the Committee draws the Government’s attention to the fact that Conventions Nos 88 and 181 complement one another. In its 2010 General Survey concerning employment instruments, paragraphs 785–790, the Committee emphasized that cooperation between public employment services and private employment agencies is necessary for the operation of the labour market and the achievement of full employment. The institutions envisaged by Conventions Nos 88, 181 and the Employment Policy Convention, 1964 (No. 122), make an essential contribution to employment growth. The Committee requests the Government to continue providing information on the effective collaboration between the ONEM and private employment agencies and the outcomes of their periodic meetings. It also requests the Government to continue providing information on the measures adopted or envisaged to facilitate effective collaboration between the public employment service and private employment agencies in order to achieve the optimal operation of the labour market and contribute to the objective of full employment.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern 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
Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. In its previous comments, the Committee invited the Government to indicate the progress achieved by the National Employment Office (ONEM) in ensuring the effective operation of a free public employment service. In this respect, the Government reports the establishment of regional offices in the 11 former provinces of the country and of branches in the 24 municipalities of the city province of Kinshasa. The Government adds that, in August 2015, at the 31st Ordinary Session of the National Labour Council held by the Ministry of Employment, Labour and Social Welfare, the tripartite constituents revised Order No. 062/08 of 18 September 2008 establishing the requirements for the opening, approval and operation of private employment agencies in order to enable them to play a more effective role and allow the ONEM to more effectively organize the operation of the labour market. Regarding the application of the Convention in practice, the Government indicates that, from January 2013 to September 2014, 17,712 jobs were created and 40,151 applications for employment were received. The Government adds that, in 2014 and 2015, the ONEM registered 58,200 jobseekers and placed 15,709 persons in employment, an increase from the previous year of 18,049 jobseekers and 2,157 placements.The Committee requests the Government to continue providing up-to-date information regarding the measures taken or envisaged by the National Employment Office to ensure the effective operation of a free public employment service, including further information on the role and activities of the regional offices and local branches. The Committee also requests the Government to indicate the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by the offices. The Committee requests the Government to provide further information on the manner in which the revision of Decree No. 062/08 of 18 September 2008 has enabled private employment agencies to play a more effective role and allowed the ONEM to more effectively organize the functioning of the labour market.
Article 3. Regional offices. In reply to the Committee’s previous comments, the Government indicates that the financial resources of the ONEM have been strengthened as a result of employer contributions established by Ministerial Order No. 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 26 September 2013 amending and supplementing Ministerial Order No. 028/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 18 March 2013. The Government indicates that these financial resources have resulted in the establishment of six further regional offices, operational since 2013, in all the former provincial capitals. The Government adds that, following the territorial restructuring in 2016, the country now has 26 provinces, of which 11 have operational regional offices, five new provinces have branches and five zones of robust economic growth also have branches. The Government indicates that efforts are being made to cover the remaining new provinces. The Government also indicates the existence of a website where jobseekers can find the information they require and register online.The Committee requests the Government to indicate in its next report the progress made regarding the establishment of provincial offices of the National Employment Office, particularly in the remaining provinces, and the other measures taken or envisaged to respond to the needs of employers and workers in all geographical regions of the country.
Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the Decree establishing the ONEM provides for the participation of employers and workers on its administrative board. The Government adds that, while waiting for the administrative board of the ONEM, which is responsible for workers’ rights, to become operational, it is seeking to enhance collaboration with employers’ organizations through partnership agreements signed with the Federation of Enterprises of Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium-sized enterprises (COPEMECO).The Committee hopes that the Government will take all the necessary measures to ensure that the administrative board of the National Employment Office is operational as soon as possible. It therefore requests the Government to provide information on any progress made regarding the operation of the administrative board of the National Employment Office. The Committee reiterates its request for the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM and the social partners result in cooperation in the organization and operation of the employment service and in the development of employment service policy.
Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that it gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies through Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 amending and supplementing Ministerial Order No. 12/CAB/MIN/ETPS/062/08 of 18 September 2008 establishing the conditions for the opening, approval and operation of private employment agencies. The Committee notes that, in this context, the ONEM has authorized the operation of 136 private employment agencies with which it holds periodic meetings to assess whether they are functioning effectively and to remedy possible weaknesses. The Government adds that the ONEM organized a training workshop for the managers of private employment agencies in December 2015 in Kinshasa. The Committee notes with interest that section 9 of Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 provides that private agencies shall be in permanent collaboration with the ONEM. Section 20 provides for regular meetings (quarterly or six monthly) organized by the ONEM, at its own initiative or upon the request of the private agencies, in order to conduct an exchange of experience. The Committee observes that the Order is closely based on the provisions of the Private Employment Agencies Convention, 1997 (No. 181). Referring to its pervious comments, the Committee draws the Government’s attention to the fact that Conventions Nos 88 and 181 complement one another. In its 2010 General Survey concerning employment instruments, paragraphs 785–790, the Committee emphasized that cooperation between public employment services and private employment agencies is necessary for the operation of the labour market and the achievement of full employment. The institutions envisaged by Conventions Nos 88, 181 and the Employment Policy Convention, 1964 (No. 122), make an essential contribution to employment growth.The Committee requests the Government to continue providing information on the effective collaboration between the ONEM and private employment agencies and the outcomes of their periodic meetings. It also requests the Government to continue providing information on the measures adopted or envisaged to facilitate effective collaboration between the public employment service and private employment agencies in order to achieve the optimal operation of the labour market and contribute to the objective of full employment.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes 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

Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. In its previous comments, the Committee invited the Government to indicate the progress achieved by the National Employment Office (ONEM) in ensuring the effective operation of a free public employment service. In this respect, the Government reports the establishment of regional offices in the 11 former provinces of the country and of branches in the 24 municipalities of the city province of Kinshasa. The Government adds that, in August 2015, at the 31st Ordinary Session of the National Labour Council held by the Ministry of Employment, Labour and Social Welfare, the tripartite constituents revised Order No. 062/08 of 18 September 2008 establishing the requirements for the opening, approval and operation of private employment agencies in order to enable them to play a more effective role and allow the ONEM to more effectively organize the operation of the labour market. Regarding the application of the Convention in practice, the Government indicates that, from January 2013 to September 2014, 17,712 jobs were created and 40,151 applications for employment were received. The Government adds that, in 2014 and 2015, the ONEM registered 58,200 jobseekers and placed 15,709 persons in employment, an increase from the previous year of 18,049 jobseekers and 2,157 placements. The Committee requests the Government to continue providing up-to-date information regarding the measures taken or envisaged by the National Employment Office to ensure the effective operation of a free public employment service, including further information on the role and activities of the regional offices and local branches. The Committee also requests the Government to indicate the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by the offices. The Committee requests the Government to provide further information on the manner in which the revision of Decree No. 062/08 of 18 September 2008 has enabled private employment agencies to play a more effective role and allowed the ONEM to more effectively organize the functioning of the labour market.

Article 3. Regional offices. In reply to the Committee’s previous comments, the Government indicates that the financial resources of the ONEM have been strengthened as a result of employer contributions established by Ministerial Order No. 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 26 September 2013 amending and supplementing Ministerial Order No. 028/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 18 March 2013. The Government indicates that these financial resources have resulted in the establishment of six further regional offices, operational since 2013, in all the former provincial capitals. The Government adds that, following the territorial restructuring in 2016, the country now has 26 provinces, of which 11 have operational regional offices, five new provinces have branches and five zones of robust economic growth also have branches. The Government indicates that efforts are being made to cover the remaining new provinces. The Government also indicates the existence of a website where jobseekers can find the information they require and register online. The Committee requests the Government to indicate in its next report the progress made regarding the establishment of provincial offices of the National Employment Office, particularly in the remaining provinces, and the other measures taken or envisaged to respond to the needs of employers and workers in all geographical regions of the country.

Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the Decree establishing the ONEM provides for the participation of employers and workers on its administrative board. The Government adds that, while waiting for the administrative board of the ONEM, which is responsible for workers’ rights, to become operational, it is seeking to enhance collaboration with employers’ organizations through partnership agreements signed with the Federation of Enterprises of Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium-sized enterprises (COPEMECO). The Committee hopes that the Government will take all the necessary measures to ensure that the administrative board of the National Employment Office is operational as soon as possible. It therefore requests the Government to provide information on any progress made regarding the operation of the administrative board of the National Employment Office. The Committee reiterates its request for the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM and the social partners result in cooperation in the organization and operation of the employment service and in the development of employment service policy.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that it gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies through Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 amending and supplementing Ministerial Order No. 12/CAB/MIN/ETPS/062/08 of 18 September 2008 establishing the conditions for the opening, approval and operation of private employment agencies. The Committee notes that, in this context, the ONEM has authorized the operation of 136 private employment agencies with which it holds periodic meetings to assess whether they are functioning effectively and to remedy possible weaknesses. The Government adds that the ONEM organized a training workshop for the managers of private employment agencies in December 2015 in Kinshasa. The Committee notes with interest that section 9 of Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 provides that private agencies shall be in permanent collaboration with the ONEM. Section 20 provides for regular meetings (quarterly or six monthly) organized by the ONEM, at its own initiative or upon the request of the private agencies, in order to conduct an exchange of experience. The Committee observes that the Order is closely based on the provisions of the Private Employment Agencies Convention, 1997 (No. 181). Referring to its pervious comments, the Committee draws the Government’s attention to the fact that Conventions Nos 88 and 181 complement one another. In its 2010 General Survey concerning employment instruments, paragraphs 785–790, the Committee emphasized that cooperation between public employment services and private employment agencies is necessary for the operation of the labour market and the achievement of full employment. The institutions envisaged by Conventions Nos 88, 181 and the Employment Policy Convention, 1964 (No. 122), make an essential contribution to employment growth. The Committee requests the Government to continue providing information on the effective collaboration between the ONEM and private employment agencies and the outcomes of their periodic meetings. It also requests the Government to continue providing information on the measures adopted or envisaged to facilitate effective collaboration between the public employment service and private employment agencies in order to achieve the optimal operation of the labour market and contribute to the objective of full employment.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. In its previous comments, the Committee invited the Government to indicate the progress achieved by the National Employment Office (ONEM) in ensuring the effective operation of a free public employment service. In this respect, the Government reports the establishment of regional offices in the 11 former provinces of the country and of branches in the 24 municipalities of the city province of Kinshasa. The Government adds that, in August 2015, at the 31st Ordinary Session of the National Labour Council held by the Ministry of Employment, Labour and Social Welfare, the tripartite constituents revised Order No. 062/08 of 18 September 2008 establishing the requirements for the opening, approval and operation of private employment agencies in order to enable them to play a more effective role and allow the ONEM to more effectively organize the operation of the labour market. Regarding the application of the Convention in practice, the Government indicates that, from January 2013 to September 2014, 17,712 jobs were created and 40,151 applications for employment were received. The Government adds that, in 2014 and 2015, the ONEM registered 58,200 jobseekers and placed 15,709 persons in employment, an increase from the previous year of 18,049 jobseekers and 2,157 placements. The Committee requests the Government to continue providing up-to-date information regarding the measures taken or envisaged by the National Employment Office to ensure the effective operation of a free public employment service, including further information on the role and activities of the regional offices and local branches. The Committee also requests the Government to indicate the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by the offices. The Committee requests the Government to provide further information on the manner in which the revision of Decree No. 062/08 of 18 September 2008 has enabled private employment agencies to play a more effective role and allowed the ONEM to more effectively organize the functioning of the labour market.

Article 3. Regional offices. In reply to the Committee’s previous comments, the Government indicates that the financial resources of the ONEM have been strengthened as a result of employer contributions established by Ministerial Order No. 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 26 September 2013 amending and supplementing Ministerial Order No. 028/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 18 March 2013. The Government indicates that these financial resources have resulted in the establishment of six further regional offices, operational since 2013, in all the former provincial capitals. The Government adds that, following the territorial restructuring in 2016, the country now has 26 provinces, of which 11 have operational regional offices, five new provinces have branches and five zones of robust economic growth also have branches. The Government indicates that efforts are being made to cover the remaining new provinces. The Government also indicates the existence of a website where jobseekers can find the information they require and register online. The Committee requests the Government to indicate in its next report the progress made regarding the establishment of provincial offices of the National Employment Office, particularly in the remaining provinces, and the other measures taken or envisaged to respond to the needs of employers and workers in all geographical regions of the country.

Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the Decree establishing the ONEM provides for the participation of employers and workers on its administrative board. The Government adds that, while waiting for the administrative board of the ONEM, which is responsible for workers’ rights, to become operational, it is seeking to enhance collaboration with employers’ organizations through partnership agreements signed with the Federation of Enterprises of Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium-sized enterprises (COPEMECO). The Committee hopes that the Government will take all the necessary measures to ensure that the administrative board of the National Employment Office is operational as soon as possible. It therefore requests the Government to provide information on any progress made regarding the operation of the administrative board of the National Employment Office. The Committee reiterates its request for the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM and the social partners result in cooperation in the organization and operation of the employment service and in the development of employment service policy.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that it gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies through Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 amending and supplementing Ministerial Order No. 12/CAB/MIN/ETPS/062/08 of 18 September 2008 establishing the conditions for the opening, approval and operation of private employment agencies. The Committee notes that, in this context, the ONEM has authorized the operation of 136 private employment agencies with which it holds periodic meetings to assess whether they are functioning effectively and to remedy possible weaknesses. The Government adds that the ONEM organized a training workshop for the managers of private employment agencies in December 2015 in Kinshasa. The Committee notes with interest that section 9 of Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 provides that private agencies shall be in permanent collaboration with the ONEM. Section 20 provides for regular meetings (quarterly or six monthly) organized by the ONEM, at its own initiative or upon the request of the private agencies, in order to conduct an exchange of experience. The Committee observes that the Order is closely based on the provisions of the Private Employment Agencies Convention, 1997 (No. 181). Referring to its pervious comments, the Committee draws the Government’s attention to the fact that Conventions Nos 88 and 181 complement one another. In its 2010 General Survey concerning employment instruments, paragraphs 785–790, the Committee emphasized that cooperation between public employment services and private employment agencies is necessary for the operation of the labour market and the achievement of full employment. The institutions envisaged by Conventions Nos 88, 181 and the Employment Policy Convention, 1964 (No. 122), make an essential contribution to employment growth. The Committee requests the Government to continue providing information on the effective collaboration between the ONEM and private employment agencies and the outcomes of their periodic meetings. It also requests the Government to continue providing information on the measures adopted or envisaged to facilitate effective collaboration between the public employment service and private employment agencies in order to achieve the optimal operation of the labour market and contribute to the objective of full employment.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. The Government indicates that the National Employment Office (ONEM) operates in five provinces out of 11 and that the extension of the ONEM to the remaining six provinces is being undertaken progressively. It adds that, in collaboration with private agencies, the ONEM organizes the employment market in terms of information, guidance, jobsearches, training and the placement of jobseekers. The Committee invites the Government to indicate in its next report the progress achieved by the ONEM in ensuring the effective operation of a free public employment service. It hopes that the Government will be in a position to provide the data requested in Part IV of the report form on the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by such offices.

Article 3. Establishment of regional offices. The Government indicates that the delay that has occurred in the extension of the ONEM over the whole of the territory is related to the financial difficulties arising in its operation, but that other means of registration have been established to enable jobseekers to have access to placement services. The Committee invites the Government to provide information in its next report on the establishment of a sufficient number of provincial directorates of the ONEM and on the other means of registration referred to by the Government to respond to the needs of employers and workers in each of the geographical regions of the country.

Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the decree establishing the ONEM provides for the participation of employers and workers on its administrative board. Although the board is not yet operational, the ONEM has concluded partnership agreements with the Enterprise Federation of the Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium sized Enterprises (COPEMECO). The Committee invites the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM, FEC, ANEP and COPEMECO result in effective cooperation with employers and workers in the organization and operation of the employment service and in the development of employment service policy.

Article 11. Cooperation with private agencies. With reference to its previous comments, the Committee notes with interest that Ministerial Order No. 12/CAB.MIN/ETPS/062/08 of 18 September 2008 establishes the conditions for the opening, approval and operation of private employment agencies. The Government indicates that this Order gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies. Under the terms of the Order, the ONEM has authorized the operation of approximately 20 private agencies, with which it holds periodic meetings to assess the level of placement carried out and to remedy weaknesses. The Committee observes that the Order is closely inspired by the provisions of the Private Employment Agencies Convention, 1997 (No. 181). It draws the Government’s attention to the fact that Conventions Nos 88 and 181 are mutually complementary. In its 2010 General Survey concerning employment instruments, the Committee emphasized that cooperation between public employment services and private employment agencies was necessary for the operation of the labour market and the achievement of full employment. Together with the Employment Policy Convention, 1964 (No. 122), and Convention No. 181, the institutions envisaged by Convention No. 88 form a necessary building block for employment growth (see paragraphs 785–790 of the General Survey). The Committee invites the Government to provide information in its next report on the collaboration between the ONEM and private employment agencies. It also invites the Government to include information on the measures adopted to strengthen the institutions necessary for the achievement of full employment.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition
Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. The Committee notes the information provided in the report received in June 2011 in reply to the points raised in its 2007 observation. The Government indicates that the National Employment Office (ONEM), established in 2002, operates in five provinces out of 11 and that the extension of the ONEM to the remaining six provinces is being undertaken progressively. It adds that, in collaboration with private agencies, the ONEM organizes the employment market in terms of information, guidance, jobsearches, training and the placement of jobseekers. The Committee invites the Government to indicate in its next report the progress achieved by the ONEM in ensuring the effective operation of a free public employment service. It hopes that the Government will be in a position to provide the data requested in Part IV of the report form on the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by such offices.
Article 3. Establishment of regional offices. The Government indicates that the delay that has occurred in the extension of the ONEM over the whole of the territory is related to the financial difficulties arising in its operation, but that other means of registration have been established to enable jobseekers to have access to placement services. The Committee invites the Government to provide information in its next report on the establishment of a sufficient number of provincial directorates of the ONEM and on the other means of registration referred to by the Government to respond to the needs of employers and workers in each of the geographical regions of the country.
Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the decree establishing the ONEM provides for the participation of employers and workers on its administrative board. Although the board is not yet operational, the ONEM has concluded partnership agreements with the Enterprise Federation of the Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium sized Enterprises (COPEMECO). The Committee invites the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM, FEC, ANEP and COPEMECO result in effective cooperation with employers and workers in the organization and operation of the employment service and in the development of employment service policy.
Article 11. Cooperation with private agencies. With reference to its previous comments, the Committee notes with interest that Ministerial Order No. 12/CAB.MIN/ETPS/062/08 of 18 September 2008 establishes the conditions for the opening, approval and operation of private employment agencies. The Government indicates that this Order gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies. Under the terms of the Order, the ONEM has authorized the operation of approximately 20 private agencies, with which it holds periodic meetings to assess the level of placement carried out and to remedy weaknesses. The Committee observes that the Order is closely inspired by the provisions of the Private Employment Agencies Convention, 1997 (No. 181). It draws the Government’s attention to the fact that Conventions Nos 88 and 181 are mutually complementary. In its 2010 General Survey concerning employment instruments, the Committee emphasized that cooperation between public employment services and private employment agencies was necessary for the operation of the labour market and the achievement of full employment. Together with the Employment Policy Convention, 1964 (No. 122), and Convention No. 181, the institutions envisaged by Convention No. 88 form a necessary building block for employment growth (see paragraphs 785–790 of the General Survey). The Committee invites the Government to provide information in its next report on the collaboration between the ONEM and private employment agencies. It also invites the Government to include information on the measures adopted to strengthen the institutions necessary for the achievement of full employment.

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

Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. The Committee notes the information provided in the report received in June 2011 in reply to the points raised in its 2007 observation. The Government indicates that the National Employment Office (ONEM), established in 2002, operates in five provinces out of 11 and that the extension of the ONEM to the remaining six provinces is being undertaken progressively. It adds that, in collaboration with private agencies, the ONEM organizes the employment market in terms of information, guidance, jobsearches, training and the placement of jobseekers. The Committee invites the Government to indicate in its next report the progress achieved by the ONEM in ensuring the effective operation of a free public employment service. It hopes that the Government will be in a position to provide the data requested in Part IV of the report form on the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by such offices.

Article 3. Establishment of regional offices. The Government indicates that the delay that has occurred in the extension of the ONEM over the whole of the territory is related to the financial difficulties arising in its operation, but that other means of registration have been established to enable jobseekers to have access to placement services. The Committee invites the Government to provide information in its next report on the establishment of a sufficient number of provincial directorates of the ONEM and on the other means of registration referred to by the Government to respond to the needs of employers and workers in each of the geographical regions of the country.

Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the decree establishing the ONEM provides for the participation of employers and workers on its administrative board. Although the board is not yet operational, the ONEM has concluded partnership agreements with the Enterprise Federation of the Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium sized Enterprises (COPEMECO). The Committee invites the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM, FEC, ANEP and COPEMECO result in effective cooperation with employers and workers in the organization and operation of the employment service and in the development of employment service policy.

Article 11. Cooperation with private agencies. With reference to its previous comments, the Committee notes with interest that Ministerial Order No. 12/CAB.MIN/ETPS/062/08 of 18 September 2008 establishes the conditions for the opening, approval and operation of private employment agencies. The Government indicates that this Order gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies. Under the terms of the Order, the ONEM has authorized the operation of approximately 20 private agencies, with which it holds periodic meetings to assess the level of placement carried out and to remedy weaknesses. The Committee observes that the Order is closely inspired by the provisions of the Private Employment Agencies Convention, 1997 (No. 181). It draws the Government’s attention to the fact that Conventions Nos 88 and 181 are mutually complementary. In its 2010 General Survey concerning employment instruments, the Committee emphasized that cooperation between public employment services and private employment agencies was necessary for the operation of the labour market and the achievement of full employment. Together with the Employment Policy Convention, 1964 (No. 122), and Convention No. 181, the institutions envisaged by Convention No. 88 form a necessary building block for employment growth (see paragraphs 785–790 of the General Survey). The Committee invites the Government to provide information in its next report on the collaboration between the ONEM and private employment agencies. It also invites the Government to include information on the measures adopted to strengthen the institutions necessary for the achievement of full employment.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

1. Article 1 of the Convention. Contribution of the National Employment Office to the promotion of employment. The Committee notes the information contained in the Government’s report received in June 2006, particularly the adoption of Act No. 015/2002 of 16 October 2002 on the new Labour Code and Decree No. 081/2002 of 3 July 2002 concerning the establishment, structure and functioning of the National Employment Office (ONEM). The Government states that the ONEM, whose essential task is to promote and implement a better organization of the employment market, in collaboration with the public and private organizations concerned (section 205 of the Labour Code), replaces the National Employment Service. The Department of Employment, on the other hand, has the essential task of contributing towards the conception, definition and implementation of employment policy (section 203 of the Labour Code). The Committee asks the Government to indicate in its next report the manner in which the ONEM ensures that the free public employment service functions effectively, explaining how the ONEM participates in the implementation of the measures taken in the context of the poverty reduction strategy.

2. Article 3. Regional branches of the National Employment Office. The Committee notes the Government’s statement that the ONEM, which provides free public services, is already operational, mainly in the city of Kinshasa, where it has opened a provincial department responsible for placement activities, other departments having been opened in Lubumbashi, Matadi and Mbuji-Mayi. It asks the Government to continue to supply information on the establishment of ONEM provincial offices in sufficient numbers to meet the needs of employers and workers in each of the geographical regions.

3. Articles 4 and 5. Consultation and cooperation with the social partners. In reply to the Committee’s previous comments, the Government states that at the 29th Session of the National Employment Council on the revision of the Labour Code, the employers’ and workers’ organizations were in favour of splitting the National Employment Service into two separate services: namely, the Department of Employment and the ONEM. The Committee also notes section 12 of Decree No. 081/2002 of 3 July 2002, which states that the ONEM board, which is responsible in particular for adopting strategies to promote employment and for following up the implementation of employment programmes or projects, is composed of four employer delegates and four worker delegates. The Committee asks the Government to continue to supply information on discussions held with representatives of the employers and workers, particularly within the ONEM board and the National Labour Council, on the structure, functioning and development of policy of the Department of Employment and the ONEM.

4. Article 11. Private employment services. The Committee notes section 207 of the Labour Code, provides that an order of the Minister responsible for labour and social welfare, which is adopted after an opinion from the National Labour Council, provides the procedures for establishing and operating private employment services. The Committee asks the Government to keep it informed of any order adopted with regard to private employment services, stating, what measures if any have been adopted to ensure effective cooperation between these private services and the ONEM.

5. Parts IV and VI of the report form. Information on the practical application of the Convention. The Government states that the requested statistics are not yet available at the ONEM but, once these have been received from the ONEM, the Government will forward them to the ILO. The Committee hopes that the Government’s next report will contain statistics (number of existing public employment offices, number of applications for employment received, number of vacancies notified and number of persons placed in employment by such offices) enabling it to appreciate the manner in which the Convention is applied in practice.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 2001 direct request, which read as follows:

1. The Committee notes the information supplied by the Government in the report received in June 2001 in which the Government indicates difficulties of a general nature being experienced by the labour market in the country which are the basic reasons for delays in setting up offices throughout the country. The Committee hopes that in its next report the Government will be able to indicate how the free public employment service contributes to the best possible organization of the labour market and to indicate whether a national programme for the achievement and maintenance of full employment and the development and use of productive resources has been set up (Articles 1 and 3 of the Convention).

2. Articles 4 and 5. The Government indicates that consultations with workers’ and employers’ representatives on the organization, operation and development of labour policy are usually conducted in the National Labour Council when it is convened to discuss these questions. The Committee would be grateful if the Government would report on discussions of employers’ and workers’ representatives in the National Labour Council and any recommendations made in the Council on the subjects covered by the abovementioned provisions of the Convention.

3. Parts IV and VI of the report form. The Committee would be grateful if the Government would supply statistical information (number of public employment offices established, applications for employment received, vacancies notified and number of persons placed in employment by such offices) enabling it to appreciate the manner in which the Convention is applied and any difficulties encountered in giving effect to its provisions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

Article 3 of the Convention. The Committee notes that, according to the information supplied by the Government, it has not been possible to continue the work begun in 1986 of establishing employment offices and that existing offices are experiencing operating difficulties due to lack of qualified staff and equipment. The Committee can only reiterate the hope that the Government will be able to take the measures necessary to allow the network of employment offices to operate and develop in accordance with the provisions of this Article of the Convention and will be able to supply the relevant information.

Articles 4 and 5. The Committee notes that the draft ordinance establishing the new National Employment Service, which, according to the Government, would ensure the cooperation of employers’ and workers’ representatives in accordance with Articles 4 and 5, has still not been adopted. It requests the Government to indicate in its next report in what way the consultations prescribed are conducted in practice and provide the Office with the text of the ordinance once it is adopted.

The Committee notes that the Government indicates that it will be able to supply in its next report the statistical information required.

The Committee hopes that the Government will take all possible measures in the near future.

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

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

Article 3 of the Convention. The Committee notes that, according to the information supplied by the Government, it has not been possible to continue the work begun in 1986 of establishing employment offices and that existing offices are experiencing operating difficulties due to lack of qualified staff and equipment. The Committee can only reiterate the hope that the Government will be able to take the measures necessary to allow the network of employment offices to operate and develop in accordance with the provisions of this Article of the Convention and will be able to supply the relevant information. Articles 4 and 5. The Committee notes that the draft ordinance establishing the new National Employment Service, which, according to the Government, would ensure the cooperation of employers' and workers' representatives in accordance with Articles 4 and 5, has still not been adopted. It requests the Government to indicate in its next report in what way the consultations prescribed are conducted in practice and provide the Office with the text of the ordinance once it is adopted. The Committee notes that the Government indicates that it will be able to supply in its next report the statistical information required.

The Committee hopes that the Government will take all possible measures in the near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

Article 3 of the Convention. The Committee notes that, according to the information supplied by the Government, it has not been possible to continue the work begun in 1986 of establishing employment offices and that existing offices are experiencing operating difficulties due to lack of qualified staff and equipment. The Committee can only reiterate the hope that the Government will be able to take the measures necessary to allow the network of employment offices to operate and develop in accordance with the provisions of this Article of the Convention and will be able to supply the relevant information. Articles 4 and 5. The Committee notes that the draft ordinance establishing the new National Employment Service, which, according to the Government, would ensure the cooperation of employers' and workers' representatives in accordance with Articles 4 and 5, has still not been adopted. It requests the Government to indicate in its next report in what way the consultations prescribed are conducted in practice and provide the Office with the text of the ordinance once it is adopted. The Committee notes that the Government indicates that it will be able to supply in its next report the statistical information required.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 3 of the Convention. The Committee notes that, according to the information supplied by the Government, it has not been possible to continue the work begun in 1986 of establishing employment offices and that existing offices are experiencing operating difficulties due to lack of qualified staff and equipment. The Committee can only reiterate the hope that the Government will be able to take the measures necessary to allow the network of employment offices to operate and develop in accordance with the provisions of this Article of the Convention and will be able to supply the relevant information.

Articles 4 and 5. The Committee notes that the draft ordinance establishing the new National Employment Service, which, according to the Government, would ensure the cooperation of employers' and workers' representatives in accordance with Articles 4 and 5, has still not been adopted. It requests the Government to indicate in its next report in what way the consultations prescribed are conducted in practice and provide the Office with the text of the ordinance once it is adopted.

The Committee notes that the Government indicates that it will be able to supply in its next report the statistical information required.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received for the third year in succession. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. The Committee notes with interest that the Department of Employment and Social Insurance is progressively continuing to establish employment offices in the regions, and that three employment offices have been opened respectively in Kinshasa, Lubumbashi and Kisangani. It also notes the Government's statement that this programme is being continued in the eight other regions of the country. The Committee hopes that in the near future the Government will be able to report that new progress has been achieved in the development of a network of employment offices, in accordance with this Article of the Convention. Articles 4 and 5. The Committee notes that the draft ordinance, establishing the new National Employment Service, was submitted for examination by the Executive Council and that representatives of employers and workers took an active part in all the discussions on the organization and discussion of the National Employment Service at the 21st Session of the National Employment Council. The Committee hopes that the Government will supply additional information in its next report in order to give fuller details on the arrangements that have been made, in accordance with these provisions of the Convention, for the cooperation of representatives of employers and workers in the organization and operation of the employment service and the development of the policy of this service. Application in practice and other information required by the report form. The Committee notes the Government's concern to improve the collection of statistics related to the application of the Convention. It hopes that the Government will be able to furnish in due time, the statistical information that has been published (particularly concerning the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment), and any relevant general appreciation of the manner in which the Convention is applied, in accordance with points IV and VI of the report form. Please also supply the ILO with the text of the above ordinance once it has been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the information supplied by the Government in reply to its previous comments. Article 3 of the Convention. The Committee notes with interest that the Department of Employment and Social Insurance is progressively continuing to establish employment offices in the regions, and that three employment offices have been opened respectively in Kinshasa, Lubumbashi and Kisangani. It also notes the Government's statement that this programme is being continued in the eight other regions of the country. The Committee hopes that in the near future the Government will be able to report that new progress has been achieved in the development of a network of employment offices, in accordance with this Article of the Convention. Articles 4 and 5. The Committee notes that the draft ordinance, establishing the new National Employment Service, was submitted for examination by the Executive Council and that representatives of employers and workers took an active part in all the discussions on the organization and discussion of the National Employment Service at the 21st Session of the National Employment Council. The Committee hopes that the Government will supply additional information in its next report in order to give fuller details on the arrangements that have been made, in accordance with these provisions of the Convention, for the cooperation of representatives of employers and workers in the organization and operation of the employment service and the development of the policy of this service. Application in practice and other information required by the report form. The Committee notes the Government's concern to improve the collection of statistics related to the application of the Convention. It hopes that the Government will be able to furnish in due time, the statistical information that has been published (particularly concerning the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment), and any relevant general appreciation of the manner in which the Convention is applied, in accordance with points IV and VI of the report form. Please also supply the ILO with the text of the above ordinance once it has been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the information supplied by the Government in reply to its previous comments. Article 3 of the Convention. The Committee notes with interest that the Department of Employment and Social Insurance is progressively continuing to establish employment offices in the regions, and that three employment offices have been opened respectively in Kinshasa, Lubumbashi and Kisangani. It also notes the Government's statement that this programme is being continued in the eight other regions of the country. The Committee hopes that in the near future the Government will be able to report that new progress has been achieved in the development of a network of employment offices, in accordance with this Article of the Convention. Articles 4 and 5. The Committee notes that the draft ordinance, establishing the new National Employment Service, was submitted for examination by the Executive Council and that representatives of employers and workers took an active part in all the discussions on the organisation and discussion of the National Employment Service at the 21st Session of the National Employment Council. The Committee hopes that the Government will supply additional information in its next report in order to give fuller details on the arrangements that have been made, in accordance with these provisions of the Convention, for the cooperation of representatives of employers and workers in the organisation and operation of the employment service and the development of the policy of this service. Application in practice and other information required by the report form. The Committee notes the Government's concern to improve the collection of statistics related to the application of the Convention. It hopes that the Government will be able to furnish in due time, the statistical information that has been published (particularly concerning the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment), and any relevant general appreciation of the manner in which the Convention is applied, in accordance with points IV and VI of the report form. Please also supply the ILO with the text of the above ordinance once it has been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in reply to its previous comments.

Article 3 of the Convention. The Committee notes with interest that the Department of Employment and Social Insurance is progressively continuing to establish employment offices in the regions, and that three employment offices have been opened respectively in Kinshasa, Lubumbashi and Kisangani. It also notes the Government's statement that this programme is being continued in the eight other regions of the country. The Committee hopes that in the near future the Government will be able to report that new progress has been achieved in the development of a network of employment offices, in accordance with this Article of the Convention.

Articles 4 and 5. The Committee notes that the draft ordinance, establishing the new National Employment Service, was submitted for examination by the Executive Council and that representatives of employers and workers took an active part in all the discussions on the organisation and discussion of the National Employment Service at the 21st Session of the National Employment Council. The Committee hopes that the Government will supply additional information in its next report in order to give fuller details on the arrangements that have been made, in accordance with these provisions of the Convention, for the co-operation of representatives of employers and workers in the organisation and operation of the employment service and the development of the policy of this service.

Application in practice and other information required by the report form. The Committee notes the Government's concern to improve the collection of statistics related to the application of the Convention. It hopes that the Government will be able to furnish in due time, the statistical information that has been published (particularly concerning the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment), and any relevant general appreciation of the manner in which the Convention is applied, in accordance with points IV and VI of the report form. Please also supply the ILO with the text of the above ordinance once it has been adopted.