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Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Eswatini (Ratification: 1981)

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

Part II of the Convention. Abolition of fee-charging employment agencies. The Committee notes the Government’s indication that a new Employment Bill has been drafted with ILO technical assistance. The Government reports that the draft Employment Bill has been discussed on several occasions within the tripartite Labour Advisory Board (LAB). The Government makes particular reference to section 131 of the draft Employment Bill, which prohibits triangular forms of employment. It adds that the draft Bill will be forwarded to the Cabinet and subsequently to Parliament for its approval. The Committee nevertheless observes that the Government has not provided updated information on the manner in which the Convention is applied in practice. The Committee therefore reiterates its request that the Government provide updated information on the national legislation giving effect to Part II of the Convention. The Government is also requested to provide a copy of the new Employment Bill once it is adopted. The Committee also reiterates its request that the Government provide detailed updated information on the manner in which the Convention is applied in practice, including, for instance, extracts from official reports, information regarding the number and nature of the contraventions reported and any other particulars bearing on the practical application of the Convention.

Revision of Convention No. 96. In its previous comments, the Committee requested the Government to provide information on any developments, in consultation with the social partners, concerning the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181). In this regard, the Committee notes that the Government indicates that there is no information available on the outcome of the tripartite consultations held within the LAB with regard to the possible denunciation of Convention No. 96 and ratification of Convention No. 181. The Committee notes the Government’s indication that it commits itself to fully implement the provisions of Convention No. 96 until such time as it is officially denounced subsequent to the ratification of Convention No. 181. In this respect, the Committee recalls that the Governing Body of the ILO (at its 337th Session in October 2019), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 96 as being in the category of instruments that are no longer up to date and placed an item on the agenda of the 119th Session of the International Labour Conference in 2030 for due consideration to be given to its abrogation. The Committee recalls that the Governing Body of the ILO, at its 273rd Session in November 1998, invited the States parties to Convention No. 96 to contemplate the possibility of ratifying Convention No. 181. Such ratification would entail the immediate denunciation of Convention No. 96.Recalling that the ratification and application of Convention No. 181 would contribute to strengthening vigilance with regard to the activities of private employment agencies and the protection of workers, the Committee encourages the Government to follow up on the decision adopted by the Governing Body at its 337th Session (October 2019) approving the recommendations of the SRM TWG and to consider ratifying the Private Employment Agencies Convention, 1997 (No. 181), which is the most up-to-date instrument in this subject area.The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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

Part II of the Convention. Abolition of fee-charging employment agencies. Revision of Convention No. 96. The Government reiterates in its report that there has been no change in legislation or in practice. In reply to previous comments, the Government indicates that the possibility to denounce the Convention and consider the ratification of the Private Employment Agencies Convention, 1997 (No. 181), will be taken into consideration once the tripartite structures are back into normal operation. The Committee recalls that the Governing Body, at its 273rd Session in November 1998, invited the State parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181 (document GB.273/LILS/4(Rev.1)). Such ratification would entail the immediate denunciation of Convention No. 96. Consequently, as long as Convention No. 181 has not been ratified by Swaziland, Convention No. 96 remains in force in the country and the Committee will continue to examine its application. The Committee therefore requests the Government to provide updated information on the national legislation giving effect to Part II of the Convention, as well as on the manner in which the Convention is applied in practice, including, for instance, extracts from official reports, information regarding the number and nature of the contraventions reported and any other particulars bearing on the practical application of the Convention. The Committee also requests the Government to provide information on any developments, in consultation with the social partners, concerning the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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
The Committee recalls the Government’s statement in the report received in September 2009 indicating that there has been no change in the legislation but that the Employment Bill will be re-tabled in Parliament. The Government was considering the proposal made by the Committee to denounce Convention No. 96 and consider ratification of the Private Employment Agencies Convention, 1997 (No. 181). The Committee noted that the proposal was discussed at the Labour Advisory Board. The Committee hopes that the Government will be in a position to communicate the Labour Advisory Board’s recommendation regarding the ratification of Convention No. 181. The Committee invites the Government and the social partners to refer to its General Survey on employment (2010) which contains an overview of Convention No. 181 and makes an assessment of this Convention’s provisions. The Committee recalls that the provisions of Convention No. 96 remain in force until the ratification of Convention No. 181 becomes effective.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Revision of Convention No. 96. The Committee notes the Government’s statement in the report received in September 2009 indicating that there has been no change in the legislation but that the Employment Bill will be re-tabled in Parliament. The Government is considering the proposal made by the Committee to denounce Convention No. 96 and consider ratification of the Private Employment Agencies Convention, 1997 (No. 181). The Committee notes that the proposal will be discussed at the Labour Advisory Board and the Government will keep the Committee informed of developments in this regard. The Committee welcomes this approach and hopes that the Government will soon be in a position to communicate the Labour Advisory Board’s recommendation regarding the ratification of Convention No. 181. The Committee invites the Government and the social partners to refer to its General Survey on employment (2010) which contains an overview of Convention No. 181 and makes an assessment of this Convention’s provisions. The Committee recalls that the provisions of Convention No. 96 remain in force until the ratification of Convention No. 181 becomes effective.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

In relation to the comments made since the ratification of the Convention, the Committee notes a brief statement contained in a report received in April 2006 indicating that there has been no change in the application of the Convention. The report further indicates that Employment Act No. 5 of 1980 is currently under review with the technical assistance of the ILO. The Committee asks the Government to include in its next report indications on the impact of the legislative review on the manner in which the Convention is applied, including, for instance, extracts from official reports, information regarding the number and nature of the contraventions reported and any other particulars bearing on the placement and recruitment of workers abroad (Part V of the report form). In this connection, the Committee recalls that the ILO Governing Body has invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments that, in consultation with the social partners, might occur in relation to ratifying Convention No. 181.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore again ask the Government to supply information required in Part V of the report form on the practical application of the Convention, in particular with regard to the recruiting of persons for employment on foreign contracts of employment under Part IX of Employment Act No. 5 of 1980. It asks the Government to supply specific information on this matter, as well as a detailed report on the application of the provisions of Part III of the Convention.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore again ask the Government to supply information required in Part V of the report form on the practical application of the Convention, in particular with regard to the recruiting of persons for employment on foreign contracts of employment under Part IX of Employment Act No. 5 of 1980. It asks the Government to supply specific information on this matter, as well as a detailed report on the application of the provisions of Part III of the Convention.

[The Government is asked to reply in detail to the present comments in 2005.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2002 observation, which read as follows:

The Committee notes that the Government has not provided the information required in Part V of the report form approved by the Governing Body on the practical application of the Convention, in particular with regard to the recruiting of persons for employment on foreign contracts of employment under Part IX of Employment Act No. 5 of 1980. The Committee asks the Government to supply specific information on this matter, as well as a detailed report on the application of the provisions of Part III of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee observes the very brief report supplied by the Government in September 2002 and notes again with regret that the Government has not provided the information required in Part V of the report form approved by the Governing Body on the practical application of the Convention, in particular with regard to the recruiting of persons for employment on foreign contracts of employment under Part IX of the Employment Act No. 5 of 1980. The Committee asks the Government to supply specific information on this matter, as well as a detailed report on the application of the provisions of Part III of the Convention.

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

The Committee notes that the Government’s report requested for 2001 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:

Part III of the Convention. Further to the requests it has been formulating for many years, the Committee notes with regret that the Government has not provided the information required in Part V of the report form, approved by the Governing Body, on the practical application of the Convention, in particular as regards the recruiting of persons for employment on foreign contract of employment under Part IX of the 1980 Employment Act. It trusts that the Government will supply concrete information in this connection in its next report.

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

Part III of the Convention. Further to the requests it has been formulating for many years, the Committee notes with regret that the Government has not provided the information required in Part V of the report form, approved by the Governing Body, on the practical application of the Convention, in particular as regards the recruiting of persons for employment on foreign contract of employment under Part IX of the 1980 Employment Act. It trusts that the Government will supply complete information in this connection in its next report.

[The Government is asked to report in detail in 2001.]

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

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:

Part III of the Convention. The Committee takes note of the information supplied by the Government in reply to its previous comments. It hopes that the Government will keep the ILO informed of any new development concerning the possible authorisation of private employment agencies and provide any other information on the practical application of the Convention as required in Part V of the report form, in particular, as regards the implementation of Part IX of the 1980 Employment Act which applies to the recruiting of persons for employment on foreign contract of employment.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Part III of the Convention. The Committee takes note of the information supplied by the Government in reply to its previous comments. It hopes that the Government will keep the ILO informed of any new development concerning the possible authorisation of private employment agencies and provide any other information on the practical application of the Convention as required in Point V of the Report Form, in particular, as regards the implementation of Part IX of the 1980 Employment Act which applies to the recruiting of persons for employment on foreign contract of employment.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Part III of the Convention. The Committee takes note of the information supplied by the Government in reply to its previous comments. It hopes that the Government will keep the ILO informed of any new development concerning the possible authorisation of private employment agencies and provide any other information on the practical application of the Convention as required in Point V of the Report Form, in particular, as regards the implementation of Part IX of the 1980 Employment Act which applies to the recruiting of persons for employment on foreign contract of employment.